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The Battle for Indonesia’s Tin Empire: PT Timah Corruption Case Update

Court hands down harsher penalties in multibillion-dollar mining corruption case

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PT Timah Corruption Case Defendants’ Sentences Raised in Appeal by Jakarta High Court

By Jihan Ristiyanti for Tempo.co, March 1, 2025

Indonesian Court hands down harsher penalties in multibillion-dollar mining corruption case

The Jakarta High Court has increased the sentences of four defendants involved in the corruption case concerning the management of tin commodities within PT Timah Tbk’s mining concession area from 2015 to 2022. The defendants—Emil Ermindra, Suwito Gunawan (also known as Awi), Robert Indarto, and Kwan Yung (also known as Buyung)—received harsher penalties upon appeal.

[PT Timah Tbk is an Indonesian state-owned enterprise (SOE). It is a subsidiary of MIND ID (Mining Industry Indonesia), the Indonesian government’s mining holding company. PT Timah is one of the world’s largest integrated tin mining companies and is publicly listed on the Indonesia Stock Exchange (IDX) under the ticker TINS, with the Indonesian government holding a controlling stake.]

Emil Ermindra, who served as PT Timah Tbk’s Finance Director from 2016 to 2020, had his prison sentence increased to 20 years. The presiding judge, Artha Theresia, stated that the Jakarta High Court’s panel of judges had decided to impose a harsher sentence after considering appeals from both the public prosecutor and Emil against the previous verdict issued by the Jakarta Corruption Court (Tipikor). This information was obtained from a copy of the appellate decision received in Jakarta on Thursday, February 27, 2025, as reported by Indonesia’s state news service Antara.

In addition to the extended prison term, Emil’s fine was raised to Rp1 billion, with a provision that failure to pay would result in an additional six months of imprisonment. The court also imposed an additional penalty requiring Emil to pay Rp493.4 million in compensation. Should he lack sufficient assets to cover the amount, he would face an additional six years in prison.

The Jakarta High Court also increased the sentences for other defendants involved in the case:

  • Suwito Gunawan, the beneficial owner of PT Stanindo Inti Perkasa (SIP), received a 16-year prison sentence, a Rp1 billion fine (substitutable with six months of imprisonment), and was ordered to pay Rp2.2 trillion in compensation (substitutable with eight years of imprisonment).
  • Robert Indarto, Director of PT Sariwiguna Binasentosa (SBS), was sentenced to 18 years in prison, fined Rp1 billion (substitutable with six months of imprisonment), and required to pay Rp1.92 trillion in compensation (substitutable with ten years of imprisonment).
  • Kwan Yung, a tin ore collector, received a 10-year prison sentence and a Rp750 million fine (substitutable with six months of imprisonment).

Previously, other defendants in this case also received increased sentences upon appeal. For example, Harvey Moeis, initially sentenced to 6.5 years in prison, a Rp1 billion fine, and ordered to pay Rp210 billion in compensation, had his sentence increased to 20 years in prison, a Rp1 billion fine, and Rp240 billion in compensation. Similarly, Helena Lim’s sentence was increased from five years in prison, a Rp750 million fine, and Rp900 million in compensation to ten years in prison, a Rp1 billion fine, and Rp900 million in compensation.

Additionally, Mochtar Riza’s sentence was elevated from eight years in prison and a Rp750 million fine to 20 years in prison, a Rp1 billion fine, and Rp493.3 billion in compensation. Suparta’s sentence was increased from eight years in prison, a Rp1 billion fine, and Rp4.57 trillion in compensation to 19 years in prison, a Rp1 billion fine, and Rp4.57 trillion in compensation. Reza’s sentence was raised from five years in prison and a Rp750 million fine to ten years in prison and a Rp750 million fine.

The defendants were found guilty of involvement in corruption related to the management of tin commodity trading within PT Timah Tbk’s mining business license area from 2015 to 2022, resulting in state financial losses amounting to Rp300 trillion.

This post is based on https://www.tempo.co/hukum/pengadilan-tinggi-jakarta-perberat-vonis-4-terdakwa-korupsi-pt-timah-1213728.

In earlier news…

Jakarta High Court Increases Sentence for Former PT Timah Finance Director Emil Ermindra

By Amelia Rahima Sari for Tempo.co, February 27, 2025

Court hands down harsher punishment in tin corruption case, citing severe financial losses and environmental damage

TEMPO.CO, Jakarta – The Jakarta High Court has once again handed down a harsher sentence in the ongoing PT Timah corruption case. Following the increased sentences for Harvey Moeis, Helena Lim, and several other defendants, the court has now imposed a longer prison term on Emil Ermindra, the former finance director of PT Timah Tbk.

In a ruling issued on Tuesday, February 25, 2025, the appellate panel sentenced Emil to 20 years in prison—an increase from the eight-year sentence previously handed down by the Jakarta Corruption Court (Tipikor). The decision, cited on Thursday, February 27, 2025, states “The court sentences the defendant Emil Ermindra to 20 years in prison.”

According to a copy of the ruling (Case No. 8/Pid.Sus-TPK/2025/PT DKI) obtained by Tempo.co, the appellate panel consisted of Chief Judge Sri Andini and members Judge Barita Lumban Gaol, Judge Nelson Pasaribu, Judge Anthon R. Saragih, and Judge Hotma Maya Marbun.

The new sentence is also harsher than the 12-year prison term sought by prosecutors. In addition to the prison sentence, the court ordered Emil to pay a Rp1 billion fine, with a six-month prison term in lieu of payment. The fine exceeds the Rp750 million penalty imposed in the initial ruling.

While the Jakarta Corruption Court did not require Emil to pay restitution, the High Court has now imposed an additional penalty, ordering him to repay Rp493.39 billion to the state. “The court sentences the defendant Emil Ermindra to pay restitution to the state in the amount of Rp493,399,704,345 (Rp493.39 billion),” the ruling states.

The appellate panel considered several factors in its decision, weighing both aggravating and mitigating circumstances. Among the aggravating factors, the judges noted that Emil knowingly disregarded the government’s anti-corruption efforts. Further, the court highlighted the severe financial losses to the state and the extensive environmental damage caused by illegal mining.

The ruling explicitly states: “Mitigating factors: none.”

Prior to sentencing Emil, the Jakarta High Court had also granted the prosecutors’ appeals against other defendants in the case, including Harvey Moeis, Helena Lim, Suparta, Mochtar Riza Pahlevi Tabrani, and Reza Andriansyah.

Source: Tempo.co

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Former PT Timah Executives Receive Lighter Sentences Than Prosecutors Requested in $20 Billion Corruption Case

By Dian Rahma Fika for Tempo.co, December 30, 2024

Court sentences ex-CEO and ex-finance director to eight years in prison, four years less than prosecution’s demand

TEMPO.CO, Jakarta – The Jakarta Corruption Court (Tipikor) has sentenced former PT Timah Tbk CEO Mochtar Riza Pahlevi Tabrani and former Finance Director Emil Ermindra to eight years in prison each, a sentence lower than the 12-year prison term sought by prosecutors. Both were convicted in connection with corruption in the management of tin commodity trading within PT Timah’s mining concession area from 2015 to 2022.

“The court sentences defendants Mochtar Riza Pahlevi Tabrani and Emil Ermindra to eight years in prison,” Chief Judge Rianto Adam Pontoh announced while reading the verdict at the Jakarta Corruption Court on Monday, December 30, 2024.

The sentences fell four years short of the prosecution’s request, which also called for both defendants to pay fines of Rp1 billion or serve an additional year in prison. However, the court reduced the fine to Rp750 million, with a subsidiary sentence of six months in prison if unpaid.

The ruling was delivered alongside the sentencing of MB Gunawan, the former CEO of PT Stanindo Inti Perkasa (PT SIP), a business partner of PT Timah. The court similarly imposed a lighter sentence on Gunawan than prosecutors had sought. “The court sentences defendant MB Gunawan to five years and six months in prison and a fine of Rp500 million,” Judge Rianto stated.

Gunawan’s sentence was also lower than the prosecution’s demand of eight years in prison. If he fails to pay the fine, he will serve an additional four months in prison.

The court found all three defendants guilty of violating Article 2, Paragraph 1, in conjunction with Article 18 of the Anti-Corruption Law, as well as Article 55, Paragraph 1, Clause 1 of Indonesia’s Criminal Code.

The case has drawn national attention due to its vast financial and environmental impact. Prosecutors charged Mochtar, Emil, and Gunawan with contributing to severe environmental destruction within PT Timah’s mining concession area, both in forested and non-forested areas. An audit by the Financial and Development Supervisory Agency (BPKP) on May 28, 2024, estimated state losses from the corruption scheme at Rp300 trillion (approximately $US20 billion).

This ruling came before the Jakarta High Court later issued a harsher sentence for Emil Ermindra, increasing his prison term to 20 years and imposing additional financial penalties.

Source: Tempo.co

***

Former PT Timah Executive Claims Prosecutors Criminalizing Him in Tin Corruption Case

By Amelia Rahima Sari for Tempo.co, December 12, 2024

Ex-Finance Director Emil Ermindra delivers emotional defense, denies wrongdoing

TEMPO.CO, Jakarta – Former PT Timah Tbk Finance Director Emil Ermindra delivered his defense plea in response to the prosecution’s charges in the ongoing corruption case linked to the company’s tin commodity trading. The executive, who served from 2016 to 2020, was visibly emotional as he read his statement in court.

Emil recounted that he was named a suspect in the case on February 16, 2024, at 5:45 p.m., a moment that, he said, filled him with regret and guilt—especially toward his wife, children, and parents. “Who will be the breadwinner for them?” he asked, choking up during his statement before the Jakarta Corruption Court on Thursday, December 12, 2024.

While in remand, Emil claimed, he had been consumed by remorse. However, he insisted that all his actions at PT Timah were aimed at improving the company’s performance and were carried out in accordance with standard operating procedures. “I feel I’m being criminalized by the investigators and public prosecutors,” he stated.

Emil argued that he was never involved in PT Timah’s cooperation with five private smelting companies. He also denied any role in establishing the so-called shell companies that prosecutors alleged were affiliated with PT Timah and its private smelting partners. “I never arranged for tin ore to be purchased from illegal miners using CV Salsabila,” he said, referring to one of the companies named in the case. He denied controlling the firm for personal gain.

Emil also criticized the prosecution’s sentencing request. “Twelve years in prison—such a cruel demand,” he said.

He went on to assert that if he had really taken illicit funds, he would have accepted any punishment. “Even if I were sentenced to 1,000 years, I would accept it. But I never enriched myself or anyone else in this case,” he stated.

He also opposed the financial penalties sought by prosecutors, which included a Rp1 billion ($64,000) fine and Rp493.39 billion ($31.5 million) in restitution. “If I had that kind of money, I would have used it for my wife’s cancer treatment,” he added.

Emil’s defense team echoed his claims, arguing that the broader economic and industry conditions should be considered.

“First, the rise of illegal mining in Bangka Belitung after 1999, when tin was no longer classified as a strategic commodity, created unhealthy competition and drove tin prices down,” his legal counsel stated.

They also highlighted increased competition from private smelters since the 2000s, combined with PT Timah’s dependence on global tin prices, which saw a downturn in 2019.

“The company’s focus on offshore production led to lower ore extraction and metal production, especially from onshore mines,” the defense argued.

PT Timah’s internal financial situation was also dire, they claimed, pointing to declining export volumes, falling sales revenue, and rising costs that led to financial losses. The company, they said, faced working capital shortages, frozen credit facilities, and even employee protests due to a crisis of confidence in management.

“We firmly believe that based on the legally admissible evidence presented during the trial, Emil Ermindra has not committed corruption,” his defense team concluded.

Despite his defense plea, Emil was ultimately sentenced to eight years in prison, with the the Jakarta High Court later increased his sentence to 20 years following an appeal.

Source: Tempo.co

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Indonesia’s Attorney General’s Office Claims Fugitive Tetian Wahyudi Involved in PT Timah Corruption Case

By Mutia Yuantisya for Tempo.co, September 30, 2024

Prosecutors state that authorities will continue searching for Tetian Wahyudi in coordination with law enforcement agencies.

TEMPO.CO, Jakarta – The Head of the Legal Information Center at Indonesia’s Attorney General’s Office, Harli Siregar, stated that investigators had summoned CV Salsabila Utama Director Tetian Wahyudi multiple times as a witness in the PT Timah corruption case. However, Tetian had failed to appear for questioning.

As a result, the Attorney General’s Office designated Tetian Wahyudi a fugitive in the tin corruption case. “He was summoned multiple times as a witness but failed to comply with the investigators’ summons,” Harli told Tempo via WhatsApp on Saturday, September 28, 2024.

According to Harli, Tetian played a role in supplying high-grade tin ore through the Residual Processing Program (SHP). However, the SHP program was intended for the conservation of low-grade metallic minerals sourced from panning activities, not for high-grade tin minerals.

This had raised suspicions that the high-grade tin ore supplied by Tetian originated from illegal mining rather than panning activities. Tetian’s business operations were limited to delivering tin ore.

Public Prosecutor Wazir Iman Supriyanto from the Attorney General’s Office confirmed that Tetian Wahyudi had been placed on the wanted list in connection with the tin corruption case. “The individual in question was not present when investigators sought to question him, and he has since been declared a fugitive,” the prosecutor stated in response to a judge’s inquiry regarding Tetian’s whereabouts during a witness deposition hearing at the Jakarta Corruption Court (Tipikor) on Wednesday, September 4, 2024.

According to state news wire service Antara, the prosecutor stated that Tetian had not yet been questioned by investigators because he was never found at his residence when visited by law enforcement.

Local government sources informed prosecutors that Tetian was no longer residing at the two addresses visited by investigators. However, the Attorney General’s Office assured it would continue searching for Tetian in coordination with other law enforcement agencies.

Tetian’s name emerged during the testimony of Achmad Haspani, General Manager of Production Investment Operations at PT Timah Tbk, who testified as a witness in the corruption case involving the management of tin commodity trading within PT Timah’s mining concession area from 2015 to 2022.

During his testimony, Haspani testified that Tetian had expressed anger toward him, citing his close ties to PT Timah’s board of directors. Haspani said Tetian visited his home late at night, accompanied by an intelligence officer named Ismu, whose official position was unclear. “But Ismu was with the Pangkal Pinang Police. They came to my house in the Bukit Baru Complex late at night,” Haspani testified.

According to the indictment in the tin corruption case, CV Salsabila Utama was controlled by Tetian in coordination with PT Timah’s former President Director Mochtar Riza Pahlevi Tabrani (2016–2021) and former Finance Director Emil Ermindra (2016–2020), both of whom are defendants in separate related cases. The company was allegedly used by the three to purchase tin ore from PT Timah’s mining concession for personal financial gain.

Source: Tempo.co

This post is based on https://www.tempo.co/hukum/pengadilan-tinggi-jakarta-perberat-vonis-4-terdakwa-korupsi-pt-timah-1213728;  https://www.tempo.co/hukum/hukuman-eks-direktur-pt-timah-emil-ermindra-diperberat-jadi-20-tahun-penjara-1212889; https://www.tempo.co/hukum/vonis-eks-dirut-pt-timah-lebih-rendah-daripada-tuntutan-jaksa-dalam-korupsi-timah-rp-300-triliun-1187947; https://www.tempo.co/hukum/bacakan-pleidoi-eks-petinggi-pt-timah-saya-merasa-dikriminalisasi-jaksa-1180578; and https://www.tempo.co/hukum/kejaksaan-agung-ungkap-peran-dpo-tetian-wahyudi-pada-korupsi-timah-4389.

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