Today’s Legal Enlightenment (Thursday, March 31, 2022) – “TENDER RESULTING IN LOSS OR NEGLIGENCE AND DEFAULT IS NOT A CRIME”
Heru Pamungkas (President Director of PT Trimuda Adhipradana) was charged with criminal fraud because the company was bound by a number of Work Agreements (Surat Perjanjian Kerja – SPK) to complete the stages of the tender but were not completed as agreed, causing huge losses. According to the Supreme Court, this is not a crime. The Accused was indeed proven to have done what he was charged with but it was not a crime.
Supreme Court Decision No. 358 K/Pid/2020
Source: hukumonline.com dated March 28, 2022
Regards,
Fredrik J. Pinakunary