TO : The Central Authority of Hong Kong Special Administrative
Region of the People's
Republic of China
FROM : The Central Authority of the
Republic of Indonesia
REQUEST FOR MUTUAL LEGAL
ASSISTANCE
IN A
CRIMINAL MATTER
Ministry Of Marine Affairs And Fisheries Republic Of
Indonesia.
CERTIFICATE ON BEHALF OF THE REPUBLIC OF INDONESIA
I, CAHYO R MUHZAR, Director General for General Legal Administrative Affairs of the
Ministry of Law and Human Rights of the Republic of Indonesia, on behalf of
Minister for Law and Human Rights of the Republic of Indonesia, who is
responsible for National Policy in Justice and Human Rights, and who is also
authorised to make requests for mutual legal assistance in criminal matters,
based on the request from Ministry
Of Marine Affairs And Fisheries Republic Of Indonesia.who has the authority to
investigate fisheries crimes, respectfully requests the assistance of the
Government of The Central Authority of Hong Kong Special Administrative Region of the People's
Republic of China in the criminal matter payment of bribery involving (Henry Mahmud) This
is an investigation matter as stated by KPK's Investigation Warrants Number: (001/Sprindik-Lan3/I/2022) dated (january 3, 2022 ).
AUTHORITY
FOR REQUEST
This request is made by the
Government of the Republic of Indonesia for assistance to be extended under the
Mutual Assistance in Criminal Matters Act (Chapter 190A, Statutes of the
Republic of Singapore).
This request for assistance
is also to be extended under the United Nations Convention Against Corruption
(UNCAC) Article 46 on Mutual Legal Assistance and the Treaty on Mutual Legal
Assistance in Criminal Matters signed in Kuala Lumpur, 29 November 2004, by the
governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of
Indonesia, the Lao People's Democratic Republic, Malaysia, the Republic of the
Philippines, the Republic of Singapore, and the Socialist Republic of Vietnam,
in which the Union of Myanmar and the Kingdom of Thailand also signed the
Treaty on 17 January 2006.
NATURE OF
REQUEST
This request is related to
the investigation process conducted by the Corruption Eradication Commission
(KPK) of the Republic of Indonesia which is an independent anti-corruption body
granted with powers and authority to conduct investigations, indictments and
prosecutions against corruption cases, as provided in Law Number 19 of 2019 on
the Corruption Eradication Commission and its amendments.
According to Article 12
paragraph g of Law Number 19 of 2019, the KPK is authorized to request
assistance from Interpol Indonesia or the law enforcement agencies or other
nations to conduct searches, arrests, and confiscation in foreign countries.
According to Article 74 of
Law Number 8 of 2010, as the investigator of original criminal action, the
investigator of KPK is authorised to conduct investigations against money
laundering cases.
The KPK is also authorized
to request Mutual Legal Assistance based on Law Number 1 of 2006 on Mutual Legal Assistance in
Criminal Matters. (Indonesian national police base on law number 8, 2010)
KPK is carrying out an
investigation on a
corruption allegation against (Henry Mahmud,) who is suspected
to have received bribe payments from (Tunacor) The payment of bribe is related to (perijinan kapal perikanan)
KPK has been declared (henry Mahmud) as a suspect by KPK's Investigation Warrants number (001/Sprindik-Lan3/I/2022).
STATEMENT OF FACTS
(Henry Mahmud) is an ex minister of Marine Affairs and
Fisheries, Republic of Indonesia, from 20017-2021.
The first meeting between …. / During 2009 until 2014 ….
(Henry Mahmud) allegedly received some bribe money from (Tunacor). The indication of the delivery of the bribe
money can be seen in the email communication between (tunacor) and (bintra) on (April 3th 2019)
containing (money laundering crime)
Furthermore, ….
CRIMINAL
OFFENCES, APPLICABLE LEGISLATION, PENALTIES
Henry Mahmud was alleged for receiving bribes, which violates
Article 12 Letter a or Letter b or Article 11 Law Number 31 of 1999 as amended
by Law Number 20 of 2001 on the Eradication of Criminal Offense of Corruption.
Article 11 Law Number 31 of 1999 as amended by Law
Number 20 of 2001:
A civil servant or state
apparatus who receives a payment or a promise believed to be given because of
the power or authority related to his/her position or prize or promise which
according to the contributor still has something to do with his/her position,
shall be sentenced to a minimum of 1 (one) year imprisonment and a maximum of 5
(five) years imprisonment and be fined a minimum of Rp50,000,000.00 (fifty million rupiahs) and maximum of
Rp250,000,000.00 (two hundred and fifty
million rupiahs).
Article 12 Law Number 31 of 1999 as amended by Law
Number 20 of 2001:
a. A civil servant or state
apparatus who receives a payment or a promise believed to have been given to
encourage him/her to do something or not to do anything because of his/her
position in violation of his/her obligation;
b. A civil servant or state
apparatus who receive a payment believe to have been given due to the fact that
he/she has done something or has not done something in relation to his/her
position in violation of his/her obligation;
PURPOSE OF THE REQUEST
By this request it is
intended to secure admissible evidence for the purpose of criminal proceedings
and trial against Henry Mahmud.
Assistance
Requested:
The
Government of Hongkong
is requested to take enforcement actions as follows:
1. To
obtain from (Tunacor) all incorporation, share ownership and transfer related
to document, declaration of beneficial ownership and application form and
invoices and records of payment for services rendered by the corporate
secretariat firm for (Tunacor)
2. To
obtain documents related to the establishment of (tunacore and Blintra Corporation) and its supporting documents;
3. To interview (TAM SONG) in their capacity as owners
and/or employees of (Blintra Corporation)
4. To conduct
search and seizure of the following offices and residence owned or possessed by
(Blintra Corporation) at:
a.
an office of (Blintra Corporation) located at (Lantai 39,
25 Kowloon Rd, Wanchai, Hong Kong).
5. To obtain
documents related to the service agreements (Blintra
Corporation) and (HSBC.)
6.
Payment voucher dated (mei 2017 dan transfer dari Tunacor ke Blintra
Corporation) and its supporting documents such as supplier
invoices, bill of ladings etc.
7. To obtain all
documents relating to email communication from 2009 to 2014 between (Tunacor
dan Blintra discussing
the business of (Fitriadi dan Novian) and the payment of bribe money to the
Indonesian officials (Henry Mahmud);
8.
To obtain Bank
Documents related to the bank account of (Blintra) at (HSBC) in Hongkong with the account number (0976538)
MANDATORY ASSURANCES AND UNDERTAKINGS
It is confirmed that this request:
(a) does not relate to the prosecution or punishment of a person for
a criminal offence that is, or is by reason of the circumstances in which it is
alleged to have been committed or was committed, an offence of a political
character;
(b) is not made for the purposes of prosecuting, punishing or
otherwise causing prejudice to a person on account of that person’s race,
religion, sex, ethnic origin, nationality or political opinions
(c) does not relate to the investigation, prosecution or punishment of
a person for an offence in a case where the person has been convicted,
acquitted or pardoned by a competent court or other authority of the Republic
of Indonesia or has undergone the punishment provided by the laws of the
Republic of Indonesia, in respect of that offence or of another offence
constituted by the same act or omission as that offence.
The Central Authority of the Republic of Indonesia further undertakes
that any information obtained pursuant to this request will not be used for a matter other
than the criminal matter in respect of which the request was made, except with
the consent of the Central Authority of Singapore.
EXECUTION
OF REQUEST
Confidentiality
Please treat this request
as confidential as the execution of the case is highly sensitive and covert.
Moreover, the decision and assistance rendered by the Government of Singapore will not be disclosed to the public. The
Government of the Republic of Indonesia will be the authority to disclose the
result of this request to the Public.
Particular
procedures to be followed
It is requested that the
following procedures be observed in the execution of the request:
- Immediate
notification should be made directly to the KPK's designated investigator
or the case handling officer by phone or email, when:
a) it is need immediate additional information to
obtain assistance requested;
b) it is found new information
and/or evidence that related to the case.
- Any
coordination and communication related to the substance and the process of
investigation should be made directly to KPK's designated investigator or
the case handling officer by either phone or email.
Period of
Execution
It is expected that the request could be executed as soon as possible. The
Indonesian trial on
this case will only be
started when adequate and legitimized evidences are available.
RECIPROCITY
UNDERTAKING
This is a request for
Mutual Legal Assistance in Criminal Matters submitted by the Government of the Republic of
Indonesia to the Government of Singapore. This request is made
under reciprocal basis and good bilateral relations between the two
Governments.
By this request, the
Government of the Republic of Indonesia undertakes that it will comply with a
future request by the Government of Singapore for similar assistance in a criminal matter involving an offence that
corresponds to the foreign offence for which assistance is sought.
LIAISON
OFFICER
All information and
correspondences related with this investigation should be directly submitted
to:
The Corruption Eradication Commission
(KPK) of the Republic of Indonesia
Jalan
Kuningan Persada Kav 4, Setiabudi, Jakarta Selatan
12950 Indonesia
Phone: +62-21-25578300, Fax: +62-21-25578414 (alamat kantor
disesuaikan)
1.
Mr (stevenly ), Investigator, phone … email
….
2.
Mr. (Gugun Gunawan) International Legal Assistance Unit Officer, phone 081316295001,
gnwngugun@gmail.com
PRIOR CONTACT / USE OF OTHER CHANNELS
Prior Corespondences related to this
matter were conducted with:
(John Travolta, Penyidik, 123456 dan John_78@gmail.com )
On behalf of the Central Authority of Indonesia, officer in the Ministry
of Law and Human Rights of Republic of Indonesia:
Name :
CAHYO R MUHZAR
Office :
Director General for General Legal Administration Affairs of Ministry for
Law and Human Rights of the Republic of
Indonesia
Jalan HR.
Rasuna Said Kav. 6-7, Kuningan, Jakarta Selatan 12950, Indonesia
Phone : +62-21-5221619
Fax :
+62-21-5221619
Date :
____________
