EXCESS PAYMENTS BY LIMITED LIABILITY COMPANIES ARE NOT CONSIDERED CORRUPTION BUT REGULATED UNDER THE COMPANY LAW AND ARE ACCOUNTABLE AT GMS
The Defendant/Respondent of Cassation (Technical Director of PT Pupuk Kaltim Timur Tbk) was charged for causing losses to state finances because
there was an excess in the purchase price of spare parts purchased by PT Kaltim Daya Mandiri as a subsidiary of PT Pupuk Kaltim Timur Tbk from CV Sumi Jaya in the amount of USD. 1,484,000.
In its Decision, the Supreme Court is of the view that:
– The overpayment is not within the scope of the Corruption Law but a company loss that should be accounted for at the GMS.
– Examination of a company is not within the scope of the Corruption Law but is included in the Company Law.
This case is not covered in criminal law but in economic law, where the company is deemed to have suffered a loss after an annual GMS, which decides
the company has suffered a loss. As for those who feel disadvantaged, they can sue for action because of the actions of the director/commissioner of the limited liability company.
Supreme Court Decision No. 2149 K/Pid.Sus/2011.
Source: Hukumonline.com
Best regards,
Fredrik J. Pinakunary