Case Gayus Tambunan

The name that came to light recently because his name was called by the former Commissioner General Kabareskrim Susno Duadji have the money amounting to Rp 25 billion in his personal account. It really steal the show because Gayus was a civil servant who has a class IIIA salaries ranged from 1.6 to 1.9 million dollars only. The man who has a full name Gaius Tambunan Halomoan this work at the central office serving the tax by the Directorate General of Tax Review Objections. Very strategic position, so he was accused of playing as a broker of cases (Mark). The case was continued because the police suspected that many high officials involved in the case of Gaius. After examination, the money total USD 25 billion, an amount of Rp 395 million was confiscated, and the remaining Rp 24.6 billion was lost some where and there is no discussion about money that much. In this case, Gaius snared three chapters at once, namely corruption, wiping Money and Money Laundering. But at trial he was only charged with fraud cases just money. As a result, very light punishment did he get, ie 1-year trial. But, soon, Gaius was even released.
Warrant Commencement of Investigation (SPDP) Gaius Halomoan P Tambunan defendant sent to the Attorney General's Office (AGO) by a team of investigators Police Headquarters.
Then the Attorney General appointed four attorneys to keep abreast of the investigation. They are Cirus Sinaga, Fadil Regan, Eka Kurnia and Ika Syafitri. The case file was sent on October 7, 2009. In the SPDP, Gaius suspects allegedly laundring money, corruption and embezzlement. The analysis was built by the Attorney Researchers looked at the status of Gaius, who is a civil servant at the Directorate of Directorate General of Tax Objection and Appeal is unlikely to have funding or money amounting to Rp 25 billion in Bank Panin, Jakarta. After Attorney Researchers trace evidence case of witnesses, the suspect information from the documents and evidence, the file was incomplete.
In 2002, Gayus claimed to have a plane with property entrepreneur Andy Kosasih. They then good friends, because equally large in North Jakarta. After a brief introduction that they tell each other about their respective professions. Andy introduces himself as an entrepreneur specialized in property development home office (shop) residing in Batam and Jakarta. Neither is a civil servant with Gaius Objections and Appeals Directorate Director General of Taxation. And then there was the relationship of business cooperation between them on the basis of mutual trust by Andi percaya.Gayus given to find land that would be used to build shophouses 2 hectares. Then, finally they made a business agreement in writing on May 25, 2009. The core of the deed of agreement is one of them mentioned it cost to buy land to build shophouses pants 2 acres is the sum of U.S. $ 6 million.
The practice of law in the body's mafia police in handling cases of money laundring corrupt tax official named Gaius Halomoan Tambunan widened. Not only the police and the investigators, Attorney General and his team of researchers has helped prosecutors grilled on the allegations Susno which began spreading to them. They (the prosecution team of researchers) made a sound handling of the case reveal the chronology of Gaius, the following is a chronological version of the attorney general's research team. The case stems from suspicion Center for Financial Transaction Reports and Analysis Center (INTRAC) against Gaius's account at Bank Panin. Police, disclosed Cirrus Sinaga, a team of four prosecutors from investigators, and then conduct an investigation of this case. Dated October 7, 2009 Police Headquarters Criminal Investigation investigators as a suspect Gaius set by sending the Notice
In a file that is sent police investigators, Gaius entangled with the three chapters namely coated article of corruption, money laundering, and embezzlement. "Because Gaius a civil servant and having the funds of Rp 25 billion in Bank Panin. How can public servants who only group III A have that much money, "said Cirrus uncover the reasons why the article was originally Gaius snared three layered. As the results prosecutors, there is only one article that indicated the crime and proved to be delegated to the Court, namely penggelapannya. It was not related to money worth Rp 25 billion a fuss INTRAC and the Police. For corruption, related to funding of Rp 25 billion can not be proved because the studies it turned out the money for a product agreement with Andi Kosasih Gaius. Garment businessman from Batam, admits the owner of money worth almost Rp 25 billion in accounts belonging Gaius Panin Bank. "There is a written agreement between the defendant and Andi Kosasih. Signed May 25, 2008, "he said. According to the two originally met in a Cirrus aircraft. Then the two friends as equally large, living and born in North Jakarta. Because friendship both, Andy then asked Gaius to find two acres of land to build shophouses in the area of ​​North Jakarta.
Costs required to procure the land of 6 million U.S. dollars. But Andi, said the new Cirrus hand over the money amounting to 2.81 million U.S. dollars. Andy handed the money to Gaius through cash transactions at home parents complete with kwitansinya Gaius wife, as many as six times that on June 1, 2008 of 900,000 dollars, then 15 September 2008 amounting to $ 650,000, October 27, 2008 amounting to 260,000 dollars, then the 10 November 2008 amounting to $ 200,000, December 10, 2008 amounting to $ 500,000, and the last on February 16, 2009 300,000 U.S. dollars.
"Andrew handed over the money because he believed with Gaius. In business just needed confidence, 'said Cirrus response to why Andy can give that much money to Gaius. As for money laundringnya, Cirrus said it only remains a conjecture because the Center for Financial Transaction Reporting and Analysis Center (INTRAC) is simply not able to prove the money worth USD 25 billion is money laundering proceeds of crime (money laundring). INTRAC has presented himself as a witness in that case. "So when it just says there are allegations against the property, the money is criminal. In the proceedings, the INTRAC account transfers can not prove the alleged crime, "he said. Of the development process of the case investigation, he said, also found the flow of funds worth Rp370 million in other accounts at the Bank BCA's Gaius. The money was known to have come from two transactions from PT Mega Cipta Jaya Garmindo. PT. Mega Cipta Jaya Garmindo owned by Korean businessman, Mr Son and engaged in the garment. Transactions carried out in two stages ie on 1 September 2007 amounting to Rp 170 million and August 2, 2008 amounting to Rp 200 million.
Having researched and investigated, it is known is not a corruption and money laundring well. "It's not corruption, not money laundering, tax evasion but pure. That's money to help the establishment of tax administration garment factory in Sukabumi. But after checking, the owner Mr. Son, Koreans, do not know where. But the money into the account of Gaius. But it turns out she does not care (tax). The money was not used and returned, so just keep quiet on account of Gaius, "said Cirrus. File P-19 with instructions to block prosecutors and then confiscate the money worth Rp 370 million. In the instructions, the prosecutor also asked the investigating police investigators decipher the examination dossier (BAP) and their description of the suspect description (Gaius T Tambunan).
"When given the money," he said. Allegations of fraud committed Gaius, the separate and distinct Cirrus disclosed the basic handling of the case handling laundring money, embezzlement and corruption worth Rp 25 billion, which was originally blamed on Gaius. Cirrus other investigators and prosecutors did not mention another $ 25 billion of transactions Santonius Roberto, who was a tax consultant. Attorney did not mention whether they had ever ordered the police investigators to block and confiscate money from the account of Gaius Roberto worth Rp.25 million.
Earlier, police investigators through AKBP Margiani, prosecutors revealed in his press statement of researchers in the directions (P-19) file Gaius ordered investigators to seize quantities of three suspicious transactions in the account of Gaius. The three transactions were known to have come from two sides, namely Roberto Santonius and PT Mega Citra Jaya Termindo.
Transactions originating from Roberto, who is known as a tax consultant worth Rp 25 million, while the PT. Mega Jaya Citra Termindo worth Rp 370 million. The transaction occurred on March 18, 16 June, and August 14, 2009.
Money worth Rp395 million was seized under the instructions of the prosecutor's case investigators. Gaius own handling of the case began when INTRAC find any suspicious transactions on the account of Gaius T Tambunan. INTRAC also asked the police track it down.
Returning to the case, proceed Cirrus, Gaius file was handed over to the court. "The attorney then filed a lawsuit a year and one year probation," the prosecutor Antasari complete it. Yet, strangely, there is no evasion pengadunya party, the article of this company has been closed. Sumption is then advanced kepersidangan the Tangerang District Court. The result, Gaius acquitted. "In the Tangerang District Court, Gaius is not proven legally and convincingly guilty of committing the crime of embezzlement. But we will add appeal, "said Cirrus.
Gayus likely leaking cracks to corporate taxpayers in order to win in court pajak.Sebagai young stylists employee group III \ Adi Directorate of Objection and Appeals Office Director General of Taxation, wealth Holomoan Gaius P Tambunan is fantastic. In addition to having uangsekitar 28 billion dollars in the bank, his possessions were abundant. He also has a house worth 3 billion dollars in Kelapa Gading Park View, an apartment on the floor of Block 1-A XI Cempaka Mas, as well as the Toyota Kijang Innova, Honda Jazz, Ford Everest, and three bicycles motor.Namun strangely, the Police and the Directorate lenderal (DG) Taxes not yet opened the modus operandi of Gaius hoard the money. In fact, the Centre for Analysis of the Financial Transactions Reporting (INTRAC) has been reported about the peculiarities of financial mobility to and from the accounts of Gaius. Later, police began to uncover a number of companies that dealt with Gaius. Gaius the rapid increase of wealth has been the question many people. In an examination of police in October last year, Gaius mention a few taxpayers in connection therewith, including PT Newmont Nusa Tenggara, Honda Trading Indonesia, Prudential Life, PT Pelabuhan Indonesia II, PT Exelcomindo Pratama, PT Bukaka, PT Decisive Exporindo lava, Beautiful Paper Kiat Pulp and Paper, Indocement Tunggal, Kapuas Prima Coal and PT Wijaya Karya. In fact, through the trial proved to Gaius had received 370 million dollars from garment company PT Citra Megah Jaya Garmindo.
Gayus wealth obtained from the bribes of hundreds of corporate taxpayers that tax violation cases handled by Gayus bribe giver and the company was eventually acquired wealth Gayus bribes from corporate taxpayers hundreds of tax violation cases handled by Gayus the bribe giver and the company eventually (made) wins. According to Director of Compliance and Internal Transformation Resources Apparatus (KITS-DA) Directorate General of Taxes Bambang Basuki, Gaius could have leaked the crevices of the body so that taxpayers can win in tax court. Alternatively, Bambang added, could have become as though Gaius consultant or help out bepekara taxpayers in tax court.
Meanwhile, Adnan Abdullah, Head of Administrative Hearings Sub Division II Tax Disputes, Tax Hearings Secretariat, the analogies of collusion between taxpayers and the full power of Gaius as Directorate General of Taxes at the time of the panel of judges outside the courtroom provides an opportunity to test bukti.Diterangkan Adnan, test the evidence is should be done outside the courtroom because the file number of disputes that must be proved not less. "Since the day the judges must be completed between 20 to 100 files a dispute, then given the opportunity to test the evidence outside the trial," he explained.
Information obtained, there are also inflated the value of the tax mode. This trick is done to enable the "peace" between the officer or officers with a mandatory pajak.Dicontohkan tax, council tax bills to make 2 billion dollars. However, the goal that happens negotiations with the taxpayer to pay half or approximately 1 billion from 2 billion rupiah.
When there is agreement, that are deposited into the state only 50 percent or 500 million, while the remainder was divided by the breakdown of 30 percent for the officer or officers, 10 percent for operational costs, and 10 percent as an incentive for mandatory pajak.Anehnya, for which no would follow such a way, the taxpayer can appeal to tax court. But taxpayers must undergo trial by judges who are tax officers, tax consultants whose origins were retired employee taxes, and dealing with the "gayus"
Bambang Basuki said it found a number of irregularities committed mode Gayus.Menurut him, when addressing a taxpayer's appeal in 2007, Gaius had lowered the payment of tax liabilities to be paid corporate taxpayers (companies) to the country. As a result, the state impaired approximately Rp 132 billion.
Bambang explained, the company should pay taxes (tax assessment) worth Rp 99 billion. But, when the company appealed and the case was taken to the Tax Court, the state decided instead to pay Rp 33 billion due in court it is said there are excess tax paid. "Just count if the case he (Gaius) can be 10 percent, to how he is." Bambang will not mention the name of the company in question. "Yes, just there. We are still reviewing again appeals he had ever handled. "According to Bambang, from 20 cases of appeals never addressed Gaius in 2007 that has been studied again by the in-rektoratnya, there are indications of irregularities standard operating procedure. "He allegedly deliberately gave a description of appeal that actually weakens the government's position. This makes the government loses. "A number of companies mentioned once handled Gaius gave diverse answers. Corporate Secretary PT Petrosea Tbk Anang Noor Rizkani Gaius justify involvement in the case of an appeal the taxpayer company in 2007. "He (Gaius) joined the team of the Directorate General of Taxation," she said,

Gaius mode
1. Gaius accepting bribes from corporate taxpayers so that taxpayers are made to win because gayus weaken its position in court. Domination pembuktiandi taxpayer wins so the judge decided the taxpayer wins.
2. Gaius accepting bribes from taxpayers in court victory with funds sourced from:
a. Amounts of taxes should be paid the taxpayer after the trial is smaller than the amount of taxes in the SKP. Selish of them quite large, gayus gets a fraction of the difference.
b. If lucky, the sentencing judge will normally decide on the taxes that taxpayers pay too large so that the excess value. Consequently the State must return the excess tax paid to the taxpayer. Gaius "strum" a greater wage against the verdict of this kind.
3. Evidence in trials done outside the courtroom is one chance Gaius approached the taxpayer to offer the services of Mark.
4. Supply of information that shows calah-gap that can be used taxpayer to have his case in wins.
5. Being as though a tax consultant to help out the taxpayer litigants.


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