[Kabar-indonesia] 1: Tempo Cover Story: Losing Golkar's Protection? [5 Rice Smuggling Reports]

[JoyoNews at aol.com]

3 Tempo Magazine Reports (1 of 2):  

- Losing Golkar's Protection? 
- A Poor-Quality Defense 
- Dangerous Cargo 

Tempo
No. 49/VI
August 8-14, 2006 

Cover Story 

Losing Golkar's Protection? 

Attention is now on businessman Setya Novanto over a rice smuggling 
case. The Golkar Party is slowly but surely abandoning him. 

THE new house in Jalan Wijaya looks really lit up, even for the elite 
residential area of Kebayoran Baru, South Jakarta. All the walls are white in color 
and filled with lamps. The basement floor is used as a garage and has 
sufficient space for 14 vehicles. Although the bedrooms are on the fourth floor, 
getting there from the garage doesn't mean having to expend a lot of energy. All one 
has to do is press the button for the lift, and in a flash one is in front of 
one's bedroom. Oh, it's not a hotel but a private house. 

For a house as luxurious as this, it's not surprising that its "grand 
opening" was something really special. So, in the middle of July this year, around 
200 important guests were invited to a celebration at the new house. In addition 
to several celebrities at the party, which was full of bright lights and 
laughter, Agung Laksono, Speaker of the House of Representatives (DPR), and Akbar 
Tandjung, former General Chairman of Golkar, were also there. 

What is surprising therefore is that less than two weeks after this amazing 
party, the owner of the house, businessman Setya Novanto, was picked up by 
Attorney General's Office (AGO) personnel. The investigators summoned this DPR 
member from the Golkar Party with the approval of President Yudhoyono. For the 
first time ever this owner of several luxury resorts and hotels is being 
investigated, in connection with a rice smuggling case. 

Nova is involved because he was the private guarantor for an import loan from 
Bank Mandiri that was cashed in by PT Hexatama Finindo. Between March and May 
2003, Hexatama imported 60,000 tons of rice from Vietnam. What created the 
current predicament however is that import duty was only paid on 900 tons of 
this. As a result, the state suffered losses of some Rp28.5 billion. 

Because of this rice smuggling case, Nurdin Halid is already in prison. 
Halid, the General Chairman of the Confederation of Primary Cooperatives 
Association (Inkud, an associate of Hexatama), was sentenced to two and a half years in 
prison and fined Rp250 million. Two other Inkud officials have been found 
guilty in court. Several officials from the Directorate General of Customs & 
Excise are also involved in the case as suspects. 

In November last year, Siswono Yudho Husodo, General Chairman of the 
Indonesian Farmers Association, "criticized" this case. According to Husodo, Inkud was 
only made use of. This is because the owner of the rice was in fact Hexatama, 
a company headed up by Gordianus Setio Lelono, Nova's elder brother. "Inkud 
was certainly wrong," he said, "but it isn't fair if the masterminds aren't 
taken to court as well." 

Eventually, 10 months later, Siswono's "criticism" has had some effect. 
During an eight-hour interview session at the end of July, Nova's status was 
officially still that of a "witness." But it is difficult to deny his connection 
with this case. A letter from Setio Lelono to Bank Mandiri, sent in June 2003, 
stated quite clearly that Nova was an officer of Hexatama who signed all of the 
letters in connection with Hexatama's escrow account at Bank Mandiri. 

                                                     * * *
EVEN though his name has often cropped up in connection with somewhat suspect 
businesses, up to now Nova has always managed to escape. Several colleagues 
of this businessman, whose son-in-law is a former West Java Police Chief, refer 
to him as "The Untouchable." 

Eight years ago, together with Djoko S. Tjandra, Nova became a media "star" 
in the Bank Bali scandal. Implicated in this case were several Golkar senior 
officials. The case exploded after Bank Bali transferred funds in excess of half 
a trillion rupiah to PT Era Giat Prima (EGP), which was owned by Nova, Djoko 
and Cahyadi Kumala. These funds apparently constituted a form of commission 
paid to EGP by Bank Bali for collecting accounts receivable from the Indonesian 
Bank Restructuring Agency. 

Some years later, his name hit the headlines in connection with a case 
involving imported waste from Singapore. Using an import license for organic 
fertilizer, a company belonging to Nova imported thousands of tons of poisonous 
waste. No less a personage than Rachmat Witoelar, State Minister for the 
Environment, sent a letter to the President at the end of August 2005, requesting 
approval for Nova to be investigated. However, up to now the case has been seemingly 
at a dead end. 

Nova, who was born in Bandung, West Java, in November 1955, has certainly 
gained a reputation as a skilled lobbyist. This good-looking businessman, who won 
the Surabaya Handsome Man award in Surabaya in 1975, always appears polite 
and helpful, especially as far as people with influence are concerned. As a 
businessman who is already well-known, Nova never seems to get at all worried, for 
example, when carrying the case of former senior military officer General 
Wismoyo Arismunandar. 

"Initially, Pak Wismoyo really kept a close eye on me," said Nova during an 
interview with Swa magazine several years ago, "But later on he trusted me." 
Getting close to Wismoyo was Nova's entry ticket into the main group of leaders 
of sports organizations, which at that time were controlled by senior 
officials and businesspeople. 

In addition to being a skilled lobbyist, Nova is also known as someone who 
never surrenders. It was because of this tenacity that he was able to get close 
to business tycoon Sudwikatmono, who is a cousin of former President Suharto. 
At that time, 20 years ago, this former large-scale trader at Keputren Market 
in Surabaya, East Java, was not yet well-known. Nova, who had just finished 
working on Batam Island's Nagoya Plaza Hotel project, saw the island's potential 
as a tourist destination. Unfortunately, the most strategic land on the 
island, the Nongsa beach area, was already controlled by Sudwikatmono and two other 
business tycoons, Ciputra and Liem Sioe Liong. 

He had no choice but to get close to Sudwikatmono. But how did he do this? 
"Every day I approached Pak Sudwikatmono in the car park," he said. 
Sudwikatmono, who to begin with always rejected Nova's approaches, eventually gave the 
tenacious and spirited young man an opportunity. His persistence paid off in the 
form of Talvas Resort Island, an international golf resort, Nova's first 
project with Sudwikatmono. 

Following this, there were more and more projects handled together by the two 
businessmen. After the resorts and hotels there were projects in other 
sectors, including in telecommunications, industrial estates, satellite towns and 
water pump manufacturing. Because many of these projects were joint ventures 
with associates of Cendana (the Suharto family), Nova became known as the 
businessman "created" by Sudwikatmono. 

After getting connected with Sudwikatmono, Nova never stopped accelerating. 
His trip to Cendana, the center of business and power at that time, was only 
one step away. Honestly. Through his writing the book Suharto's Management, Nova 
had the opportunity of directly meeting and interviewing (the then) President 
Suharto at his Bina Graha office. 

Just like a television drama where it's easy to guess what will happen next, 
Nova then managed to start working with some of Suharto's children. Together 
with Siti Hardijanti, he ran the company that made all driving licenses. With 
Elsye Sigit (the wife of Sigit Hardjojudanto), Nova even set up a company for 
computerizing identity cards. 

The question however is whether or not his tenacity and lobbying strengths 
will be able to save Nova this time. According to a Tempo source, the Golkar 
Party is not fully supportive of him. Nova, a former Deputy Treasurer of Golkar 
during the Akbar Tandjung era, now is no longer within the party's 
administration. 

According to Anton Lesiangi, Chairman of Golkar's Central Management Board, 
who was quoting a statement made by Jusuf Kalla, currently Golkar General 
Chairman as well as Indonesia's Vice President, in principle Golkar would not 
protect a member who was guilty. "If Golkar were to protect someone like this," he 
said, "how could we win the next election?" 

If this statement is correct, then Nova really does not have much hope of 
receiving Golkar's protection. If in fact there is any opportunity for him to 
escape, then he will have to search for this on his own. He told Heri Susanto 
from Tempo that his role at Hexatama was limited to that of a guarantor for a 
loan. "I am not a shareholder," he insisted. -- Metta Dharmasaputra

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Tempo
No. 49/VI
August 8-14, 2006 

A Poor-Quality Defense 

With several people already sent to prison, the case of smuggled rice 
is now spreading. As a result, many key people are now on the run. 

HAVING now been gazing out from behind the bars at Salemba Prison since 
November 30 last year, Sumantri feels somewhat abandoned by his bosses who 
previously had promised to protect him. Driven on by his intense disillusion, he now 
just has a single desire: to bring down whoever else was involved in the 
scandal over the import of 60,000 tons of rice from Vietnam that has now turned 
really sour. 

During his 30-year career at the Directorate General of Customs & Excise, the 
highest position Sumantri reached was that of a third-echelon official. 
During this time, he received several awards including two Bintang Jasa 
decorations, one from President Suharto and the other from President Yudhoyono. He became 
quite famous when he successfully brought down a smuggling ring when he was 
head of the C&E Services Office in the dangerous area of Tanjung Balai Karimun, 
in the Riau Archipelago. 

Following this success, Sumantri was promoted to head of the Tanjung Priok I 
Category A C&E Services Office, Jakarta. This position was known to be a "wet 
one" because of the wide range of responsibilities that it carried in the 
busiest harbor in Indonesia. However, it was here that his brilliant career began 
to unravel. 

With all his experience in the field, Sumantri's radar was highly sensitive 
in terms of differentiating between those international trading activities that 
were above board and those that had a whiff of shady dealings. Because of 
this, when the import plans for the rice were being prepared, Sumantri admitted 
having asked his superiors that the rice in question not be imported through 
the harbor. "I was frightened that those of us in lower echelons would also face 
difficulties if anything went wrong," he told Tempo last week. 

Less then three years following the docking of the MV Song Hang, which 
transported the first 5,900 tons of the rice from Vietnam to Tanjung Priok on March 
28, 2003, Sumantri's fears were proven to be true. He and many of his staff 
got caught up in the resultant fallout. 

Accusations were aimed at him because apparently the import duty on only 900 
tons of the total 60,000 tons of rice that was imported. In other words, the 
imported rice was permitted to leave the harbor complex without the majority of 
the import duty having been paid. 

In fact, from the very beginning, several important people were involved in 
activities relating to the import of this rice. One version of what happened 
was related by Nurdin Halid, former General Chairman of the Confederation of 
Primary Cooperatives Association (Inkud), in his testimony during the trial of 
Sumantri on July 24. 

Originally, it was planned that Inkud import as much as 500,000 tons of rice. 
Based on investigation reports, there are indications that this was carried 
out with the help of Golkar politician Setya Novanto, who is considered to have 
lined his pockets from the costs of the imported rice. 

In order to obtain an acceptable price, Nurdin and Novanto went to Thailand. 
Two others accompanied them, Ermus Tanjung, Inkud's Operational Director, and 
Idrus Marham, a member of the House of Representatives (DPR) and a friend of 
Novanto in the Golkar Party. However, their four days in Thailand were in vain. 

Because of this failure, Nurdin went to Vietnam. "I was successful," he said. 
On January 21, 2003, he officially began working with the Vietnam Southern 
Food Corporation in order to import 60,000 tons of rice-far less than the 
original target of 500,000 tons. 

On his return from Vietnam, Nurdin contacted Novanto to clarify how their 
cooperation was to take place. This was through PT Hexatama Finindo, a company 
led by Setio Lelono, Novanto's elder brother. 

In terms of operations, this was the company in charge of importing the 
60,000 tons of rice and at the same time arranging all the necessary documentation 
and harbor affairs. As regards finance, this company opened an escrow account 
at Bank Mandiri, for which the signatories were Novanto and someone named Jack 
Tanim. Details regarding this were laid out in a letter dated June 18, 2003 
from Hexatama to Bank Mandiri. 

Up to this point, everything had gone smoothly. What's more, during a meeting 
at his office in the Kuningan area of South Jakarta, Novanto reported that he 
had already met with Eddy Abdurrachman, the Director-General of Customs & 
Excise. At that moment in time, nine ships full of rice were already on their way 
from Vietnam to Indonesia. 

"The Director-General of Customs & Excise was ready to provide a 50 percent 
tax cut," said Nurdin. "Sofyan Permana was ordered to take care of this." At 
that time Sofyan Permana was the Customs & Excise's Director of Restrictions and 
Investigations. 

Unfortunately for Sofyan, the role that he played has now ended up with him 
being classified as a suspect in the case. It seems that, from the beginning, 
something was not exactly right in the import process. The first problem arose 
when discrepancies were discovered between the cargo data on six of the ships 
sent from Vietnam and the documentation that was presented to the C&E 
authorities. 

For this, the first group that unexpectedly had to swallow a bitter pill was 
from PT Newship Nusabersama, the agent for the nine cargo ships. Because of 
manipulation, Captain Firdaus Yahya was sentenced to more than one year's 
imprisonment. 

The amount of suspects then increased. During his interview process, Firdaus 
Yahya mentioned a meeting to plan how the import of the rice was to be carried 
out and in fact this was held in the office of Muhamad Zein, who at that time 
was head of the Subdirectorate of Miscellaneous Customs Duties. According to 
several reports, the meeting was recorded. Also present at this meeting were 
Eddy Guntoro, Jack Tanim and Andi Bahdar Saleh. 

These last three names have often been mentioned in testimonies by witnesses 
during trials, and also by Sumantri. They "magically" appeared in front of 
Customs & Excise officials in the field and made things happen, because they were 
known to be extensions of the hands of senior officials at the Directorate. 

These three are referred to repeatedly as having been in charge of operations 
when tens of thousands of tons of the imported rice on which import duty had 
not yet been paid were removed from the harbor complex and taken to warehouses 
that had been rented by Hexatama. What is even more amazing is that when this 
case was blown wide open, these three "magically" disappeared and have not 
been seen again up to now. 

On the other hand, Muhamad Zein has said he has never been able to understand 
how he ended up being in any way involved with this case. "At that time, my 
position had absolutely nothing to do with import activities," he told Tempo. 
Zein admitted that as one of the organizers at the All-Indonesia Football 
Association, he was certainly well acquainted with Nurdin Halid, who was then the 
association's general chairman. But as he asked, "What's the connection between 
this and importing rice?" 

However, he is not particularly happy because on two occasions he was 
interviewed as a witness at the Attorney General's Office (AGO). And he has always 
insisted that he knew nothing at all about this case. "If there really was a 
recording made of this apparent meeting," he said, "why wasn't this produced as 
evidence in court?" 

Eddy Abdurrachman, who was replaced by Anwar Supriyadi on February 19, does 
not want to answer even though Tempo has telephoned him and sent him text 
messages many times. According to Zein, as long there is no written order or letter 
that can be used as evidence, all charges aimed at his former superior are 
nothing more than defamation of character. 

Now there are those who are unable to run away, in other words officials from 
the Tanjung Priok Customs & Excise Services Office. They include Sumantri, 
together with Athan Carina, former head of the Restrictions & Investigations 
Section, and Shinta Dewi Arini, head of Accumulation Warehouse II. 

In addition, there's Wahyono Herwanto who replaced Sumantri because of 
reassignment while the import process was still continuing. Plus there's also 
Yamiral Azis Santoso, who took over the position vacated by Athan. 

They too are all considered negligent because they allowed thousands of tons 
of this illegal rice to leave their harbor area. As a result of import duty 
not being paid on 59,100 tons of the rice, the state suffered losses of Rp25.4 
billion, plus also income tax (PPh) losses of Rp3.1 billion. All in all, this 
adds up to Rp28.5 billion. 

Because of these customs-related crimes, Nurdin Halid was found guilty and 
sentenced to two and a half years' imprisonment. In addition to him, two Inkud 
officials, Achmad Soebadio Lamo and Kairuddin Nur, were both also found guilty 
and sentenced respectively to two and a half years' imprisonment, and one and 
a half years' imprisonment. And that wasn't all. Their office in the Warung 
Buncit area of South Jakarta was confiscated in compensation for the unpaid 
import duties and income tax. 

Now, as regards the matter of payment, Nurdin has a story that he recounted 
at the trial. While he was under detention as a suspect at National Police 
Headquarters, Novanto visited and told him that he had already met with the 
Director-General of Customs & Excise the day before. 

The Director-General told Novanto that the case would not be taken any 
further as long as Inkud was prepared to repay to the state the sum of Rp28.5 
billion, even if by installments. But here is Nurdin's reply, "You who are outside 
[detention] are the ones who have to pay." 

Up to this stage, Novanto had only been interviewed as a witness and 
continued to deny any responsibility. "I am only a guarantor at Bank Mandiri. I was 
involved in technical matters," he told Heri Susanto from Tempo. At Hexatama, 
the person responsible was his elder brother, Setio Lelono, and now he too has 
become a suspect. 

However, Nurdin did not want to stop too quickly. He told the judges, "I am 
ready to be confronted." This included the story regarding Novanto's closeness 
with the Director-General. 

Just like Nurdin, Sumantri really feels he has been set up to take the brunt 
of the blame. Because of this, at the very beginning of their interview 
processes, at the end of October last year, both he and Athan had the opportunity of 
meeting with Sofyan Permana. 

At that time he was no longer able to believe anyone, so he quietly brought 
in the necessary equipment to record their conversations. The cassette, which 
was then presented at the trial, shows that the imported rice scam was hatched 
by Eddy Abdurrachman, M. Zein, Eddy Guntoro and Nurdin Halid. 

"I will open up everything," says a voice in the recording, and according to 
Sumantri it was Sofyan Permana who was speaking. The same voice also promised 
to provide protection, even if this meant having to sacrifice himself. 

However, Sumantri's efforts did not go that smoothly. Perhaps because they 
were recorded with hidden equipment, the voices on the cassette are not that 
clear. 

What really ruined the situation was that during the trial, on July 17, 
Sofyan Permana denied even being at the meeting. He also denied that the voice on 
the recording was his. It could be that Sumantri's troubles aren't over yet. -- 
Y. Tomi Aryanto 

sidebar: Searching for a Scapegoat 

THERE have already been several "victims" in the case involving 60,000 tons 
of illegal rice imported from Vietnam. Out of 11 suspects, three were involved 
in the management of the Confederation of Primary Cooperatives Association 
(Inkud). They have already been found guilty and sentenced to between one and a 
half and two and a half years' imprisonment. Several senior officials from 
Customs & Excise together with members of the board of directors of PT Hexatama 
Finindo (Inkud's partner) have also been classified as suspects-two of them have 
already fled. The focus of the investigation is now moving in the direction 
of Setya Novanto, even though his status is still limited to that of witness. 

Two groups accused from the customs & excise: 

1. Sumantri, head of the Tanjung Priok C&E Office I, together with two of his 
  staff: Athan Carina, head of the Restrictions & Investigations Section, and 
  Shinta Dewi Arini, head of Accumulation Warehouse II. 

2. The official after Sumantri was re-assigned, Wahyono Herwanto, who 
  replaced  Sumantri, and Yamiral Azis Santoso, who replaced Athan. 
  While at that time,  Shinta Dewi still held the same position as before. 
  Above all of them, Sofyan Permana, Director of Restrictions & 
Investigations, 
  is the highest level C&E official to be accused.

First meeting 

January 27, 2003 
Participants: Jack Tanim, Eddy Guntoro, Andi Bahdar Saleh, Idrus Marham. 

Hexatama served as the guarantor for letter of credit (L/C), Inkud became the 
purchaser. Kairuddin Nur signed a power of attorney giving Achmad Soebadio 
Lamo the authority to act in the name of the Managing Director of Inkud. 

Operation: 60,000 Tons of Rice Imported 

Warehousing 

Capitalization:

Documents relating to the escrow account at Bank Mandiri are only valid if 
signed by Setya Novanto and Jack Tanim (fugitive). 

Delivery Orders 

Payment of Import Duties: 
Eddy Guntoro (fugitive) Director-General of Customs & Excise. 

Import duties were only paid on 900 tons out of a total of 50,000 tons of 
rice that were imported. The state suffered financial losses of Rp25.4 billion, 
plus lost income tax (PPh) revenue of Rp31 billion. 

------------------------------------------

Tempo
No. 49/VI
August 8-14, 2006 

Cover Story 

Dangerous Cargo 

Another red report card for Setya Novanto: he is suspected of being involved 
in importing toxic waste from Singapore. 

THE meeting at the executive lounge in the Mulia Hotel, Central Jakarta, took 
place at the end of 2003. Nyat Kadir, at that time Mayor of Batam, came at 
Setya Novanto's invitation. 

Novanto had been fervently waiting for the meeting. The politician who at 
that time was Golkar's deputy treasurer was eager to invest in Batam. In 
partnership with Irawan Darsono, a businessman residing in Singapore, they wanted to 
develop a grouper fish farm and high-technology farming. 

As preparation, Novanto and Irawan regularly visited Batam. With Rudy 
Alfonso's assistance, former secretary to the head of the Batam Authority, the two 
businessmen were introduced to several officials there. Among them were Asman 
Abnur (at that time Deputy Mayor of Batam) and Wan Darussalam (head of Batam 
City Regional Planning Agency). 

The climax was the meeting at Mulia Hotel. Nyat Kadir came with Wan 
Darussalam, Raja Muchsin (head of Batam City Finance Bureau), and Agus Sahiman (head of 
Batam City Regional Revenues Office). 

For nearly two hours the Batam officials listened to Irawan expound the 
business to be undertaken. Irawan, often called Richard, also explained the use of 
organic fertilizers in Batam. Agus Sahiman confirmed the story. "However, it 
wasn't an official presentation. By coincidence, we were all in Jakarta," he 
said. 

Whatever it was, the Batam City government gave the green light to the 
business plan. Novanto and Irawan were asked to establish a company to facilitate 
license processing. 

The opportunity was immediately seized. Novanto sent Nyat Kadir a letter 
requesting a business principle permit on December 29, 2003. Besides grouper fish, 
agro business, and horticulture, he also applied for a permit to run a 
business on environment waste control. Galang and Galang Baru, two islands in the 
Batam area, were targeted as places for investment. 

Novanto then asked Rudy to find a notary to prepare an article of 
association. In return, Rudy was promised directorship. Irawan, too, moved rapidly. The 
man from Jember looked for a building in Batam for an office and recruited 
employees. To convince Nyat Kadir, once again he gave a presentation at the Batam 
Mayor's Office in March 2004. 

A month later, the two businessmen signed a memorandum of understanding on 
capital equity in PT Asia Pacific Eco Lestari (APEL). Novanto, under the 
flagship of PT Asia Pacific Capital Nusindo, agreed to contribute 30 percent to the 
capital. The rest came from Asia Resources Enterprise Limited (AREL)-a 
Singaporean company where Irawan was commissioner. Nyat Kadir issued an approval of 
foreign investment to AREL and PT Asia Pacific Capital Nusindo on June 24, 2004. 

In the attachment to the letter, it was stated that AREL would provide 
US$140,000 in capital. The rest, US$60,000, would come from Novanto through PT Asia 
Pacific Capital Nusindo. 

Within five days, APEL's articles of association were finalized. In the deed 
prepared by Eben Eser L. Tobing, the board of directors comprised Irawan 
Darsono (president director), Rudy Alfonso (director), and Ong Gin Keat, a 
Singaporean citizen (director). Also written was Rudy's position as director, with the 
approval of Setya Novanto. The latter himself was commissioner. 

In the deed it was also mentioned that the basic capital that had been placed 
by Asia Resources Enterprise Limited was only US$35,000. Novanto had only 
deposited US$15,000. 

Irawan felt increasingly on firm ground. On July 21, 2004, he requested Nyat 
Kadir's permission to import organic fertilizer from Singapore to Galang Baru 
Island. The total was no less than a hefty 3,000 tons. Syafriadi, at that time 
executor of tasks from Batam City Industry & Trade Office, issued a 
recommendation letter. It stated that, on behalf of Batam's mayor, the organic material 
was allowed entrance. 

After pocketing the recommendation, the organic fertilizer was shipped on 
board the Winstar from Singapore on July 28, 2004. Winstar berthed at Hasim 
harbor, Galang Baru Island, the next day. However, the fertilizer carried in 1,762 
sacks was only one-third of the planned 1,149 tons. 

A problem emerged. The Department of the Environment became suspicious of the 
thousands of "fertilizer" sacks, piled up on 2 hectares of land dug to a 
depth of 20 meters. Out of curiosity, the Department took a sample and sent it to 
Australian Laboratory Services in Bogor and the National Atomic Energy Agency. 
Testing was also done at Sucofindo's laboratory in Batam. 

The result? The fertilizer was "rich" in hazardous and toxic material (B3). A 
string of elements, such as copper, argon, cadmium, zinc, and lead, were 
mixed together with twigs in the sacks. If placed without care, the heavy metal 
would damage the environment. 

However, Singapore rejected the finding. Two labs in the island-nation, the 
National Environment Agency and the Agrifood & Veterinary Authority, declared 
the fertilizer completely safe. 

The difference of opinions meant that Indonesia could not return the 
hazardous waste to Singapore. To break the deadlock, the Basel Convention Secretariat, 
which regulates hazardous waste, appointed Sirim Berhad Laboratories from 
Malaysia to check on the findings. As a result, the zinc and copper content 
remained high when viewed from Indonesian law. 

An agreement was finally reached at the Basel Convention Secretariat, Geneva, 
at the beginning of May 2005. It was agreed that the shipment did not violate 
the Basel Convention because Singapore was deemed to have acted in accordance 
with the law of its country. However, the fertilizer was still declared 
hazardous viewed from the laws applicable in Indonesia. "So, returning them does 
not violate the Basel Convention either," said Sudarsono, former Deputy 
Assistant in Environment Law Enforcement Affairs. At the end of May 2005, the 'poison' 
was returned to Singapore. 

                                                   * * *
THE outcome of this confusion was that four people were declared suspects. 
However, only Rudy Alfonso was brought to trial and sentenced to six months 
imprisonment for polluting the environment. The rest, Irawan Darsono alias 
Richard, Ong Gin Kiat, and Fredy Boy (APEL's manager) are still wanted men. 

According to Zulhendri Hasan, Rudy's lawyer, his client was just a victim. 
"Rudy never gave the order or acted as leader in the import activities," he told 
Tempo. "He didn't have such authority because he didn't have any shares." 

So, who's supposed to be responsible? Zulhendri pointed to Setya Novanto. 
Because, in addition to coming up with the business idea, Novanto also agreed to 
contribute a basic capital of 30 percent in APEL. It was Novanto as well, 
through Kartika Wulansari, his secretary, who asked Rudy to greet the initial 
import. "The ticket was prepared by Wulan," said Zul. Two days later, Rudy 
resigned from APEL. 

Setya Novanto's involvement was also hinted at by State Minister for the 
Environment, Rachmat Witoelar. "The importer is slick. If you hang out in the 
parking lot over there (DPR building), you will find the person," said Rachmat. 

To examine Novanto, who is a member of the House, Rachmat sent a request for 
approval to investigate to President Susilo Bambang Yudhoyono on August 30, 
2005 and January 30, 2006. However, the approval is yet to be given. 

On his own initiative, Novanto did bring a letter stating he was ready to be 
examined last June. However, in the examination, he claimed that he knew 
nothing about the waste import. His reason was that he had resigned before the 
import took place. He even claimed that he no longer recalled the initial purpose 
of the business that he started. "The matter has been concluded in the Batam 
District Court," he said. 

The Environment Department seems powerless. According to Dasrul Chaniago, the 
Department's head of Investigation Affairs, the investigators have not found 
a single witness in the field who saw with their own eyes Novanto's role. That 
is why Rachmat's attitude has lately softened. Said Dasrul: "There's no 
evidence that can implicate Novanto." -- Yandhrie Arvian, Rumbadi Dalle (Batam)

-End 1 of 2-

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Joyo Indonesia News Service
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