PT Position, a nickel mining subsidiary of IDX-listed PT Harum Energy Tbk (IDX: HRUM), has been reported to the Criminal Investigation Agency (Bareskrim) of the National Police for allegedly forging official documents.
The allegations center around the East Halmahera Regent’s Decree Number 188.45/540-05/2010, dated January 11, 2010, which pertains to the mining business permit (IUP) area of PT Position. The company is accused of altering the document to create the appearance of authenticity.
As a result of the alleged forgery, PT Position’s IUP area overlaps with that of PT Wana Halmahera Barat Permai (WHBP), another nickel mining operator in East Halmahera Regency, North Maluku Province.
WHBP, represented by their legal counsel M. Mahfuz Abdullah, filed a police report against the President Director of PT Position at Bareskrim on Tuesday, October 22, 2024.
“Yes, we just filed a police report because it has harmed our client, PT WHBP. Due to the forged Regent’s Decree, PT WHBP cannot be included in MODI (Minerba One Data Indonesia), the mining database of the Ministry of Energy and Mineral Resources (ESDM), because of the perceived overlap. If the decree reflected the original eight coordinates, there wouldn’t be an issue,” Mahfuz told the media on Tuesday, as reported by Harianterbit.com.
The report is registered under LP/B/379/2024/SPKT/Bareskrim POLRI. The reported parties include PT Position’s President Director (initials MS), former East Halmahera Regent Wehelmus Tahalele, and former Head of the East Halmahera Mining Office, NK. They are accused of document forgery and/or providing false information in official documents, as per Articles 263 and 266 of the Indonesian Criminal Code (KUHP).
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Mahfuz added that the original East Halmahera Regent’s Decree granted PT Position an IUP area of 4,047 hectares with eight coordinates. However, in the documents submitted to the Ministry of Energy for MODI requirements, the coordinates were altered to 68. Meanwhile, PT WHBP’s IUP OP area is 1,053.55 hectares, as stipulated in North Maluku Governor’s Decree Number: 502/2/DPMPTSP/IUP-OP.LB/X/2020, dated October 27, 2020.
Former East Halmahera Regent Wehelmus Tahalele, whose signature appears on the decree, has denied ever issuing a decree with 68 coordinates. “The correct number is only eight coordinates. He reaffirmed this in a notarized statement on July 18, 2017, and expressed his willingness to testify. This was also confirmed in the Ombudsman’s investigation report,” Mahfuz added.
The addition of these coordinates created the appearance that PT WHBP’s IUP area was within PT Position’s IUP area. As a result, PT WHBP has been unable to register with the Ministry of Energy’s MODI system.
“Before the addition of these 60 coordinates, PT WHBP had already obtained a Clear and Clean (CnC) certificate in Stage 6 from the Ministry of Energy and Mineral Resources in 2012, while PT Position obtained their CnC certificate in Stage 9 in 2013,” Mahfuz emphasized.
He further mentioned that this forgery case was initially reported by the public in May 2024. Investigators required a formal police report (Model B), which was fulfilled by Mahfuz’s team, along with supporting evidence.
Mahfuz hopes that the National Police will act swiftly in investigating this case. He also noted that PT Position became a subsidiary of Harum Energy Tbk after it acquired 51% of the company’s shares for US$80.325 million, or around Rp 1.1 trillion. Media reports from 2021 suggest that public funds may have been used for this acquisition.
“Now, these shares are being offered to foreign parties for further funding. To prevent the public from buying shares in a company embroiled in a legal dispute or scandal, we urge the Financial Services Authority (OJK) and the Indonesia Stock Exchange (BEI) to take serious action on this matter,” he concluded.
Editing by Reiner Simanjuntak
