ICC Fines Four Reported Parties IDR 5.4 Billion In Road Tender Case In Aceh.

Jakarta (5/12) – The Indonesia Competition Commission (ICC) imposed a total fine of IDR 5.4 billion on 4 (four) business players participating in the tender conspiracy case in the procurement of the Peureulak – Lokop – Batas Gayo Lues Segment 3 road improvement work package in Aceh Province for the 2020-2022 fiscal year. The sanction was read out by the Commission Panel in the Decision Reading Session on Case Number 08/KPPU-L/2023 concerning Alleged Violation of Article 22 of Law Number 5 Year 1999 related to the Procurement of Peureulak – Lokop – Batas Gayo Lues Road Improvement Work Package (P.035.11) Segment 3 (Multi Year Contract/MYC) in Aceh Province for the 2020-2022 Fiscal Year, which was held yesterday, December 5, 2023, at ICC Head Office in Jakarta. Acting as the Commission Panel in the hearing were Commissioner Dinni Melanie as Chairperson, accompanied by Commissioner Prof. M. Afif Hasbullah and Commissioner Ukay Karyadi as Members.

The case began with a public report alleging a conspiracy in the procurement of a construction work package for the Peureulak – Lokop – Gayo Lues Boundary Road improvement (P.035.11) (Segment 3) worth IDR 223.200.000.000. The tender is financed through the Aceh Provincial Budget on a multi-year basis for the 2020 – 2022 fiscal years. Each with details of the 2022 APBD of IDR 96.745.010.053, the 2021 APBD of  IDR 96.744.000.000, and the 2020 APBD of IDR 29.710.989.947. There are 5 (five) reported parties in this case, namely PT Wanita Mandiri Perkasa (Reported Party I), PT Tamiang Karya (Reported Party II), PT Andesmont Sakti (Reported Party III), PT Galih Medan Persada (Reported Party IV), and the Working Group (Pokja) of Selection XXXIII of the Aceh Provincial Procurement and Services Bureau (Reported Party V).

In the examination process, ICC found various evidence supporting the existence of the conspiracy, such as evidence related to cooperation between the Reported Parties in fulfilling the tender requirements, electronic evidence, and evidence of interactions between the Reported Parties. Taking into account various facts and evidence at the Hearing, the Commission Panel finally decided that the five Reported Parties were legally and convincingly proven to have violated Article 22 of Law Number 5 Year 1999. For this reason, the Commission Panel imposes various fines on the business actors who are the Reported Parties in the case, with the following amounts:

1. Reported Party I (PT Wanita Mandiri Perkasa) with a fine of IDR 1.5 billion,
2. Reported Party II (PT Tamiang Karya) with a fine of IDR 1 billion,
3. Reported Party III (PT Andestmont Sakti) with a fine of IDR 1.9 billion, and
4. Reported Party IV (PT Galih Medan Persada) with a fine of IDR 1 billion.

As for Reported Party V, the Commission Panel requested ICC to submit recommendations to the Governor of Aceh Province to impose disciplinary sanctions in accordance with applicable regulations to 5 (five) members of the XXXIII Election Working Group of the Aceh Provincial Procurement and Services Bureau, for having been negligent in carrying out their duties and obligations as a Working Group of the Procurement Service Unit.