Вы находитесь на странице: 1из 9

GAYUS TAMBUNAN CASE

Forensic Accounting and Fraud Investigation

Student A
Student B

FACULTY OF ECONOMICS AND BUSINESS


UNIVERSITAS GADJAH MADA
YOGYAKARTA
2015/2016

CASE OVERVIEW
Gayus Halomoan Tambunan was a merely mid-level tax official, charged with
pocketing at least $2.7 million from various big companies. He confessed to having helped
powerful firms evade taxes, paying prosecutors and police officials, and relieving his stress by
leaving his jail cell to watch an international tennis tournament in Bali.
The case began when there was a suspicion against him, despite being a mid-level tax
official and making a merely Rp 1.6 million/month, he was reportedly owning millions of
dollars in cash and assets. There was cash amounting to 25 billion rupiah in his bank account,
foreign money amounting to 60 billion rupiah and jewelry as much as 14 billion in the deposit
box with the account name of his wife and those are suspected to be illegal assets and cash.
He was later sentenced to twelve years in prison, which was far less than the 30 years
being sought and he was also fined 500 million rupiah. He was indicated with five cases: tax
mafia for his involvement in dealing with appeals of large tax payers; judicial mafia for bribing
police investigators and judges; conducting money laundering and giving false information.
Many analysts criticized this result of Gayus H. Tambunan case as it is speculated that
it was led by the grafted police and attorney-generals office rather than a highly regarding
and independent Corruption Eradication Commission (KPK) as his imprisonment sentence is
far less than the maximum jail sentence sought.
There are two important problems entailed in this case: taxation and judicial mafia,
referring to the alleged illicit practices in the tax office and bribery of officials to avoid
conviction on graft charges in 2009. However, none of those problems in this case have been
brought to justice properly as he later admitted he had escaped prison at least 68 times by
bribing the prison guards.
He was found guilty of bribing his way out of charges and imprisonment, including his
domestic and overseas trips using fake passport while he was supposed to be in prison. It
demonstrates that even in detention the wealthy can evade punishment.
Gayus H. Tambunan case exposed a deep flaw in the Indonesian legal system as he
conducted a tremendously harming loss for the Indonesian society and thus, the public lost
their trusts to the government and judiciary system in Indonesia. This case is one of many
examples that corruption and bribery has become a culture in the tax office and this shows
that the reformation process pursued in the Susilo Bambang Yudhoyonos presidency that
focused on anti-graft/corruption reformation system was far from finished.

CASE TIMELINE
Time

Events

September 1st, 2007

PPATK found suspicious transaction amounted to Rp 370 million in


Gayus BCA account and Rp 25 billion in Gayus Panin Bank
accounts. The source of the Rp 370 Million fund was later
discovered from PT. Mega Cipta Jaya

June

1st,

2008

February 16th, 2009

- Based on Gayus testimony, he claimed that during this period he


made an investment deal with his friend, Andi Kosasih. The deal
requires Andi Kosasih to pay US$ 6 Million to acquire a land.
However Andi Kosasih was only able to give US$ 2.810.000.

September 27th, 2009

The truth is that Gayus H. Tambunan along with Andi Kosasih and
Police General Commissionaire Arafat Enanie met up in Hotel KC
twoce to create documents and scenario mentioned before

October 7th, 2009

Police officially stated Gayus H. Tambunan as perpetrators and


begin case investigation.
-

Gayus was scheduled to be sentenced with three allegations:


corruption, money laundering, and embezzlement. His
positions as a civil employee strengthen the allegations.

However, the allegations backfire when prosecutors


investigation and PPATK stated otherwise.

Fortunately he is still charged for embezzlement amounted


Rp 370 million from PT Mega Cipta Jaya. He was charged for
1 year imprisonment and 1 year probation.

March 13th 2010

The court sentenced him free of charge because he did not take the
money nor proven to take care of its tax. The status of PT Mega
Cipta Jaya was also unclear therefore evidence was invalid.
Prosecutors were only able to confiscate the money.
The investigation of Rp 25 billion in Gayus account was secretly
still ongoing.

March 24th, 2010

Gayus was known to be in Singapore and went there through


Soekarno-Hatta Airport. However immigration was unaware of his
whereabouts.
2

March 30th, 2010

Police successfully detected Gayus whereabouts in Singapore and


brought him back to Indonesia.

November 5th, 2010

Gayus was spotted attending Commonwealth Tennis World


Championship. A reporter caught him on camera.

November 15th, 2010

During his trial, Gayus admitted that he was indeed in Bali.

January 14th, 2011

Police announced that they have obtained evidences related to his


illegal travels as well as official report of 151 companies that have
dealt with Gayus to take care of their tax liabilities to the police
from Ministry of Finance.

January 20th 2011

Gayus was finally sentenced to 7 years imprisonment and Rp 300


million fines for corruption, embezzlement, money laundering, and
falsifying documents. The suspicious Rp 25 million in his account
was proven to take care of PT Surya Alam Tunggal tax liabilities.

April 29th 2011

Gayus sentence was increased to 10 years imprisonment and Rp


500 million fines after prosecutors appeal to the high court.

July 28th 2011

Gayus sentence was increased again to 12 years imprisonment and


Rp 500 million fines after Supreme Court rejected his appeal.

CASE FLOWCHART

THE PERPETRATORS

Gayus Halomoan Tambunan


Gayus was the former mid-level tax official in Direktorat
Jenderal Pajak, Kementrian Keuangan Indonesia. He was
allegedly conducting corruption and taxation mafia bribery.
On January 19, 2011, he has been proved guilty and
sentenced twelve years of imprisonment and fined 500
million rupiah.

Andi Kosasih
Andi Kosasih is a friend of Gayus who was allegedly giving a
false statement about claiming that the money amounting to 25
billion rupiah in Gayus bank account was actually his money.
However, this was not true as the money was actually the
embezzlement money from Gayus corruption case. As a result,
he was sentenced six years in jail and fined four billion rupiah.

Arafat Enanie
Arafat Enanie was a police investigator, indicted
for his involvement in the Gayus case and thus,
faced five years jail sentence. The court has also
asked Arafat to pay fines of Rp150 million. The
State Prosecutors accused Arafat to have received
money in relation to money laundering and
corruption. He is accused to have received Rp2
million, US$2,500 and US$3,500 separately from the Gayus so that the punishment for
Gayus can be reduced.

Cirus Sinaga
Cirus Sinaga was the prosecutor of Gayus case
and he was allegedly involved in manipulating
the case files of Gayus in cases of tax PT Surya
Alam Tunggal in early 2010. He was proven to
obstruct the case investigation. As reported by
police investigators, Gayus was alleged of conducting corruption and money
laundering. However, Cirus only charged Gayus for corruption act. Thus, he was
imprisoned for five years and fired from his occupation as prosecutor.
5

RELATED LAWS OR REGULATIONS

Article 2, verse (1), Article 18 of the Law Number 20 Year 2001


Gayus was allegedly acting against the law, enriching oneself or others or a corporation
that caused losses to the State by conducting the corruption and money embezzlement.

Article 6 verse (1) letter (a) of the Law Number 20 Year 2001
He gave or promised to give something that could influence the judges decision or
verdict so that the assigned punishment (years of imprisonment and amount of fine)
could be reduced.

Article 55 verse (1) of the Criminal Law (Article 56 KUHP)


Gayus helped many powerful companies evading the tax liability and as a reward, he
received an amount of bribe money.

Article 22 and 28 of the Law Number 31 Year 1999


Gayus gave misleading or false information while being questioned by the judge
regarding the origin of his wealth valued at Rp 25 billion. According to the judge, the
money is a result of criminal acts of corruption during his work as tax official.

Article 55 letter (a) and (c) of the Law Number 9 Year 1992
Gayus was alleged under these laws for making a falsified passport by the name of
Sony Laksono to make a way out overseas and going out of the prison while he was
supposed to serve his time in jail.

CASE EVIDENCES
-

The money amounted to Rp 25 milliar in Gayus account was suspected by PPATK as


the corrupted money. At first, Gayus admitted that it was his investment deal with Andi
Kosasih. There were a written agreement regarding the deal was made for both of
them signed in May 25th 2008 and six receipts of investment transaction were also
found. However, the evidences turned out to be falsified and the suspicion might be
true.

Police investigator confiscates suspicious transactions in Gayus account from:


o PT. Metropolitan Retailment, Roberto Santonius, amounted to Rp 925 million
o PT. Mega Jaya Citra Termindo, amounted Rp 370 million.

Police announced that they have gathered enough evidence to support allegation
against Gayus. It includes evidences related to his fake passport and its travel
documents.
6

ADDITIONAL IMPORTANT ASPECTS


Gayus H. Tambunan case involved various parties, such as police, lawyer, judge,
prosecutor, and many people with power. In this case, his fraudulent acts included corruption,
money laundering and embezzlement. Gayus had stirred anger in the publics eyes as he was
photographed in Bali watching a tennis tournament when he was supposed to be in custody
for his fraudulent acts. He mentioned that he was in need of a holiday after feeling stressed
out in the prison. In addition, he also took many vacations and trips overseas using fake
passports obtained from the immigration office.
Gayus attempted to cooperate with the police to become a whistle-blower and expose
the corruption in almost all aspect of the Indonesian judiciary system, especially in the
Indonesia taxation system. He mentioned that the legal system mafia task force in Indonesia
hasnt been efficient at all, as it didnt investigate the high-level officials and instead
politicized the issue of middle to low-level officials.
Gayus was supposed to be sentenced to article 3 verse (1) of the Law Number 25 Year
2003 regarding the money laundering, as reported by PPATK (Pusat Pelaporan dan Analisa
Transaksi Keuangan). However, by the help of Cirus Sinaga, Gayus was only sentenced the law
of corruption and thus, freed from the law of money laundering. Moreover, the investigators
also faced some difficulties in finding out the source of cash and assets owned by Gayus as
there was no further improvement of this issue. Gayus failed to prove his wealth of 925
million rupiah and failed to report the gratification amounting to US$ 659.800 and SG$ 9,6
million. Therefore, he was suspected to also conduct money laundering.
In subsequent testimony, he admitted giving and taking bribes, and implicated
prominent companies and officials including from Aburizal Bakrie, chairman of Golkar, the
country second biggest political party. Local media have reported that Gayus handled the tax
claims of about 150 companies, including three controlled by the Bakrie family. However,
Bakrie and his firms have denied any wrongdoing.

SUMMARY
The undercover of Gayus H. Tambunan, the mid-level tax officer going in and out of his
Jakarta detention cell during five months under police custody, illustrates that justice and
freedom are commodities that can be had in this country, for the right amount of money.
There are two effects of his fraudulent act: loss of money that is ought to be used to build
public facility, thus the society did not got their rights and damage of our state prestige and
image internationally.
It can be concluded from this case that corruption is the worst act in the world. It can
be said that the corruption is the act of impairing integrity, virtue, or moral principle. The act
of corruption can be clearly depicted from Gayus H. Tambunan case as he was able to utilize
his money to bribe the jail guards and buy the powers from higher tax-officials to help many
powerful firms evading their tax liability.
REFERENCES
http://www.academia.edu/8745390/Analisis-kasus-gayus-tambunan
https://anggidetyas.wordpress.com/2013/02/01/corruption-in-indonesia/
http://news.detik.com/berita/1324700/mengendus-jejak-andi-kosasih-di-kasus-markuspajak-rp-25-m