The corruption case of Southeast Sulawesi Governor Nur

Alam became a 'breakthrough' for KPK to eradicate

corruption in natural resources

The Governor was inactive in Southeast Sulawesi, Nur Alam was sentenced to 12 years in prison for a
corruption case related to the granting of a Mining Business Permit (IUP) during a hearing at the
Corruption Court on Wednesday (28/03).

This verdict is lower than the demands of the Corruption Eradication Commission (KPK) for 18 years.
However, in the lawsuit against Nur Alam, the first time the KPK used environmental damage to assess
the loss of state finances.

Indonesia Corruption Watch (ICW) considers this breakthrough shows KPK prosecutors are quite
progressive in calculating state losses due to corruption in the natural resources sector.

"He uses the calculation of state losses not only from material losses, but also from the loss of the
environment, even to the cost of recovery," ICW Campaign Division Coordinator Siti Juliantari told BBC
Indonesia.

"This is a good thing and we encourage it to be able to be applied to cases of corruption of other natural
resources. Not only in the case of Nur Alam," he added. The National Coordinator of the Mining
Advocacy Network (JATAM) Merah Johansyah stated that the breakthrough of the KPK could be a
jurisprudence and could be used to target similar corruption cases that cause environmental damage. "This
will be able to not only break corruption, but also cut off environmental damage,"
The value of state losses arising from the Nur Alam case was fantastic, reaching Rp. 4.3 trillion. That
value almost doubled the value of state losses in cases of alleged corruption in the electronic KTP project,
which was claimed to reach Rp 2.3 trillion.

However, this figure is not entirely based on the results of the state auditor's calculation. Because, one
that counts is a loss due to environmental damage.

Not only that, the politician of the National Mandate Party was also required to pay a compensation of
Rp. 2.7 billion from the profits obtained from a mining permit that Nur Alam gave to entrepreneurs.

Lighter than demands

As a result of the corruption case that ensnared him, the Chief Justice of the Judge Siti Basariah Diah
rewarded Nur Alam for 12 years.

"Dropping the criminal case is therefore to the defendant Nur Alam with imprisonment for 12 years and a
fine of Rp1 billion, with the provision that if the fine is not paid then it will be replaced with
imprisonment for six months," Diah said. The Corruption Court, Jakarta, on Wednesday (23/03) night.

In addition, the panel of judges also handed down an additional sentence to the defendant Nur Alam for
paying a compensation of Rp. 2.7 billion and revoked his political rights for five years.

Nur Alam immediately appealed the verdict he received.

"I am without consulting my lawyers or legal counsel because in the end I feel directly. So I declare now
without delaying the time for appeal," said Nur Alam

Previously, the prosecutor assessed that Nur Alam's actions had resulted in the destruction or reduction of
ecology at the mine site on Kabena Island managed by PT Anugrah Harisma Barakah.

From the results of research conducted by experts in soil and environmental damage, Basuki Wasis, there
are three types of calculation of losses due to environmental damage. First, the total loss due to ecological
damage. Then, the loss of the environmental economy. Third, calculate the cost of environmental
recovery.

According to calculations, losses related to land and environmental damage due to PT AHB mining in
Buton and Bombana Districts amounted to Rp 2.7 trillion.

This amount is calculated by experts in soil and environmental damage, Basuki Wasis.

For that matter, Nur Alam was charged with an 18-year prison sentence by the prosecutor. He was also
charged with paying a fine of Rp1 billion for one year of imprisonment.

For the losses caused, ICW Campaign Division Coordinator Siti Juliantari stressed that it was appropriate
for Nur Alam to be severely punished. "We see that the Nur Alam case is not only a case of corruption,
but an environmental crime. We see cases of corruption and environmental crimes that are actually cases
that outline crimes against humanity," said the woman who is familiarly called Tari. Moreover, Nur Alam
served as governor for two periods. As a state organizer, added Tari, it should set an example for the
people not to be corrupt and uphold integrity. Calculation scheme On the other hand, ICW hopes that the
panel of judges at the Jakarta Corruption Court will make the method of calculating state losses argued by
prosecutors by adding ecological losses, environmental recovery costs and environmental economic
 losses as a reference in making decisions. "The impetus to the KPK is how then the KPK can use this
environmental loss calculation and formulate the stages or things that can be calculated in calculating
environmental losses. So the KPK has a standard when we talk about environmental losses, Tari said.
Then, what is the ideal scheme for calculating environmental losses for corruption cases? Environmental
economist who is also a World Bank consultant, Virza Safaat Sasmitawidjaja, explained that the main
parameters are the identification of ecological losses and social losses due to corruption.

"If this is summed up in total, it will be seen how actually the environmental cost and social costs caused
by corruption in the mining sector. This can be used as a basis if we will sue civilly from this corruption,"
he said.

Recovery costs to rehabilitate environmental damage, continued Virza, are certainly included in the basis
of the calculation.

"And restoring the environment is not only two to three years, but it can be up to five to 10 years and it
must be calculated in terms of its present value and how financial risk is," he said.

"That must be taken into account for the study to calculate this economic valuation," he said.

Licensing 'sale'

The KPK step was also welcomed by the National Coordinator of the Mining Advocacy Network
(JATAM), Merah Johansyah, with the hope of being used for other corruption cases of resources, such as
the case that dragged the Kutai Kartanegara Regent (off) Rita Widyasari, regarding location permits for
core and plasma purposes oil palm plantation to PT Sawit Golden Prima.

"The Kutai Kartanegara Regent is currently in a hearing process at Corruption Court. The KPK should be
able to use, not only use the Corruption Act, the Money Laundering Law, but also use environmental
losses as a dimension in the KPK indictment," explained Merah.

The steps of the KPK, continued Merah, must be seen as an effort to cut the larger chain of corruption,
namely to save the natural wealth and living space of the people.

"So we appreciate this breakthrough, and this will be able to not only break corruption, but also break
environmental damage," he said.

This breakthrough, according to him, could also be applied to follow up on the findings of the Supreme
Audit Agency (BPK) regarding violations in the natural resources sector.

"Sebenarnya BPK sejak 2010 sudah melakukan green audit, atau evaluasi kerugian lingkungan hidup
sebagai kerugian negara. Sudah saatnya penegak hukum yang lain bersinergi dengan KPK juga. BPK
misalnya, dan KLHK sendiri yang selama ini menurut kami peran KLHK yang sangat minim." kata dia.

Baru-baru ini, BPK mendapatkan dua temuan terkait lingkungan yang dilakukan PT Freeport Indonesia
(PTFI). Setidaknya dalam pelanggaran tersebut potensi kerugian negara mencapai total sekitar Rp455
triliun.
Dalam hal kerusakan lingkungan, BPK menemukan Freeport telah menimbulkan perubahan ekosistem
akibat pembuangan limbah operasional penambangan (tailing) di sungai, hutan, muara dan telah
mencapai kawasan laut.

Kerugian dari perubahan ekosistem yang rusak akibat pembuangan limbah yang berlebihan oleh Freeport
ini setidaknya tercatat mencapai Rp185 triliun.

Temuan ini merupakan hasil pemeriksaan BPK atas Kontrak Karya Freeport tahun 2013-2015 pada
Kementerian ESDM, Kementerian LHK dan instansi terkait lainnya di Jakarta, Jayapura, Timika dan
Gresik.

Merah pula menyoroti bahwa korupsi di sektor sumber daya alam, terutama terkait pertambangan selalu
menjadi sumber korupsi selama ini guna memenuhi kebutuhan biaya kampanye dalam pilkada serentak.

Dugaan ini beralasan mengingat pada tahun politik 2017-2018, tren penerbitan izin tambang naik drastis.

Terdapat 170 izin tambang yang dikeluarkan sepanjang 2017 dan 2018, dengan rincian 34 izin tambang di
Jawa Barat yang terbit pada 13 Februari 2018, dua pekan sebelum masa penetapan calon kepala daerah
Jabar diumumkan.

Di Jawa Tengah, pada 30 Januari 2018 lalu, pemerintah setempat tercatat 'mengobral' 120 izin tambang.
Demikian juga di Kalimantan Timur dimana terdapat enam titik pertambangan batu bara ilegal yang tidak
dilakukan penegakan hukum.

"Kita minta KPK menggalakkan pemberantasan korupsi di tahun politik ini. Karena masa-masa rentan di
dalam pemberantasan korupsi itu satu tahun sebelum pilkada dan satu tahun pilkada, terjadi apa yang
disebut dengan obral perizinan," cetusnya.