The trial concerning the alleged corruption case related to the Phase II Warnasari Port Access Development Project for 2021 at PT Pelabuhan Cilegon Mandiri (PT PCM) resumed before the Serang Corruption Court on November 29, 2023. The hearing agenda was the reading of the Defense Counsel's Objection (Eksepsi) on behalf of the defendant, Sugiman, in response to the indictment previously submitted by the Public Prosecutor.

The Public Prosecutor alleged that Sugiman had committed unlawful acts by using the corporate identity ("borrowing the company flag") of PT Arkindo to participate in the tender process at PT PCM and by submitting false information in the tender documents.

In the objection, Defense Counsel Endang Hadrian argued that the individual who actually borrowed PT Arkindo's corporate identity to participate in the integrated design-and-build construction tender for the Phase II Warnasari Port Access Project in 2021 was Johnny Husban, not Sugiman. This, according to the defense, is evidenced by the Integrated Design-and-Build Construction Project Cooperation Agreement for the Phase II Warnasari Port Access Project at PT PCM, dated January 22, 2021, which was signed by Ir. Tb. Abu Bakar Rasyid, President Director of PT Arkindo, and Johnny Husban.

Based on this agreement, the defense argued that because Johnny Husban was the party who borrowed PT Arkindo's corporate identity for the tender, he—not Sugiman—should have been designated as the defendant.

Furthermore, Endang Hadrian asserted in the objection that Johnny Husban was also the individual responsible for submitting false information in the tender documents. According to the defense, Johnny Husban actively prepared and submitted the administrative tender documents to PT PCM. The defense further argued that this fact was acknowledged in the Public Prosecutor's indictment, specifically on page 10, paragraphs two and three.

Accordingly, the defense maintained that the person who should have been prosecuted was Johnny Husban, rather than Sugiman.

Source: Article titled "Endang Hadrian Serves as Defense Counsel in the Alleged Corruption Case Involving the Phase II Warnasari Port Access Development at PT. PCM."