IO – The Corruption Eradication Commission (Komisi Pem¬berantas¬an Korupsi – “KPK”) has criticized Supreme Court judges for granting a request for judicial review submitted by corruptor convicts, which has resulted in the commutation of their sentences. KPK notes that there were at least 20 cases that it has prosecuted in 2019-2020 with sentences commuted by the Supreme Court. “The KPK regrets that Supreme Court Panel of Judges has issued more and more approval of Cessation Hearing at extraordinary judicial levels,” said Acting Spokesman of the KPK, Ali Fikri, to the press on Monday (21/09/2020).
The latest of these cases is the commutation decreed by the Supreme Court of the sentence on former member of the House of Representatives (Dewan Perwakilan Rakyat – “DPR”), Musa Zainuddin, from 9 years of imprisonment to 6 years. This decree was made even though KPK has proven that he received a bribe of IDR 56 billion relating to the construction of the Taniwel-Saleman Road and IDR 52 billion relating to the reconstruction of the Piru-Waisala Road in the Province of Maluku (both of which are included in the 2016 State Budget of the Ministry of Public Works and Public Housing).
“Even though any decision made by the Panel of Judges must be respected, KPK hopes that this phenomenon of sentence commuting of corruptors will generate a poor image of the judicial institution among the people. As the vanguard of justice seekers, KPK is certain that this will not go well with our people, who are getting more critical of judicial decrees. If this continues, public trust of our judicial process will erode,” Fikri said.
Such commuting of sentences is detrimental to any deterrent effect KPK hopes to generate among corruptors. On the contrary, it will expedite the frequency and intensity of corruption in Indonesia. We all need strong commitment if we really want to eradicate corruption as an extraordinary crime. Everyone – from the Head of State to law enforcers – must have the same vision in the effort to eradicate corruption. Therefore, KPK encourages the Supreme Court to immediately implement the Supreme Court Regulation concerning the Guidelines to Prosecute Criminal Cases on all judicial levels. Naturally, such regulations also apply to the Panel of Judges at Cessation Hearing level.
The following are 20 corruption cases prosecuted by KPK throughout 2019- 2020 with commuted sentences:
1. Former Regent of South Bengkulu, Dirwan Mahmud, convicted in a case of bribery in an infrastructure project and sentenced to 6 years of imprisonment. After he applied for a Cessation Hearing, his sentence becomes 4.5 years.
2. Andi Zulkarnaen Mallarangeng alias Choel Mallarangang, full blood brother of Andi Mallarangeng, involved in bribery in the National Sports Education and Training Center and School (Pusat Pendidikan Pelatihan dan Sekolah Olahraga Nasional – “P3SON”) project in Hambalang. Choel was sentenced to 3 years and 6 months of imprisonment. At a Cessation Hearing level, his sentence has become 3 years.
3. Former Regent of Buton, Samsu Umar Abdul Samiun, in a bribery case involving former Chairman of the Constitution Court Akil Mochtar in the Regional Elections dispute in the Regency of Buton. Samsu Umar sentence is now 3 years of imprisonment (earlier 3 years, 9 months).
4. Billy Sindoro was found by the Panel of Judges to be guilty of bribery in relation to a permit for the Meikarta project. He was sentenced to 3.5 years’ imprisonment and a fine of IDR 100 million with 2 months of incarceration deducted. Billy was proven to have bribed deposed Regent Bekasi Neneng Hassanah Yasin and her staff in the Regency Government of Bekasi. The amount of money paid in order to smooth the path for the Meikarta project was IDR 16,182,020,000.00 and SGD 270,000.00. Billy applied for a Cessation Hearing for his sentence. It was granted, with the result that his imprisonment is shortened to 2 years only.
5. Entrepreneur Hadi Setiawan was sentenced to 4 years of imprisonment and a fine IDR 200 million with 3 months detention deducted in a bribery case involving ad hoc judge of District Corruption Crime Court of Medan Merry Purba. Hadi was proven to have helped fellow entrepreneur Tamin Sukardi to bribe Merry to smooth out the latter’s case that was being tried in the Corruption Crime Court Medan. Ali’s data shows that Hadi’s punishment was also reduced from 4 years to 3 years of imprisonment.
6. Former Mayor of Cilegon Tubagus Iman Ariyadi was proven to have received IDR 1.5 billion in relation to an Environmental Impact Statement in the Cilegon Industrial Estate. He was sentenced to 6 years of imprisonment, then submitted an appeal for Case Review. His sentence was reduced to 4 years.
7. The Supreme Court agreed to O. C. Kaligis’ request for a judicial review of his case, wherein he was proven to have bribed the Panel of Judges and Registrar of the State Administrative Court of Medan for USD 27,000.00 and SGD 5,000.00. The Supreme Court decided to commute his sentence from 10 years of imprisonment to 7 years only.
8. The Supreme Court agreed to Irman Gusman’s request for a judicial review of his case and reduced his initial sentence. He was proven by the District Court of Central Jakarta to have been corrupt in the administration of sugar imports; the Court sentenced him to 4.5 years of imprison¬ment. After he applied for a Cessation Hearing to the Supreme Court, his sentence was commuted to 3 years of imprisonment.
9. Former Registrar of the District Court of Medan, Helpandi, also had his sentence commuted. His Case, numbered 3784 K/PID.SUS/2019, was tried by the Chairman of the Panel of Judges Suhadi and member judges Abdul Latief and Krisna Harahap. The Panel agreed to commute his sentence from 7 years of imprisonment to 6 years, with a fine of IDR 300 million deducted with 6 months of detainment.
10. The Corruption Crime Court of Jakarta decreed that M. Sanusi was proven to have received a bribe of IDR 2 billion from the boss of Agung Podomoro Land, Ariesman Widjaja. This bribe is related to the discussion of the Regional Regulation Plan for the Northern Coast Strategic Zoning Plan (Rencana Tata Ruang Kawasan Strategis Pantai Utara – “RTRKSP”) of the Regional Development of Jakarta in being discussed at the Regional Legislation Committee of the Regional House of Representatives (Dewan Perwakilan Rakyat Daerah – “DPRD”) of DKI. Sanusi was sentenced to 7 years of imprisonment at the court of the first instance. However, the District Attorney submitted an appeal that caused Sanusi’s punishment to be increased to 10 years of imprisonment, confirmed by the Cessation Judgment. At judicial review level, the sentence was commuted back to 7 years of imprisonment.
11. Former Substitute Registrar of the District Court of South Jakarta, Tarmizi, was sentenced to 4 years’ imprisonment in a corruption case involving the prosecution of a civil case in the above District Court. His sentence was commuted to 3 years.
12. Former Constitution Court judge, Patrialis Akbar, was sentenced to 8 years of imprisonment in bribery case relating to meat imports. His sentence was commuted to 7 years.
13. Former President Director of PT Erni Putra Terari, Tamin Sukardi, sentenced to 6 years’ imprisonment in a bribery case for prosecution in the District Court of Medan. Sentence commuted to 5 years.
14. Former Regent of Talaud, Sri Wahyu Manalip, sentenced to 4 years 6 months of imprisonment in a bribery case in the revitalizing of Lirung Market and Beo Market. Sentence commuted to 2 years.
15. Former Director of Processing of PT Pertamina, Suroso Atmomartoyo. His fines were deleted, but his prison sentence remains.
16. Former Substitute Registrar of the District Court of Bengkulu, Badaruddin Bachsin alias Billy. Sentenced to 8 years of imprisonment, later commuted to 5 years in a Cessation Hearing.
17. Former Mayor of Kendari, Adriatma Dwi Putra, sentenced to 5.5 years’ imprisonment. After Cessation Hearing, it was commuted to 4 years.
18. Former Gubernatorial Candidate for Southeast Sulawesi, Asrun sentenced to 5.5 years’ imprisonment. After Cessation Hearing, it was commuted to 4 years.
19. Former Substitute Registrar of the District Court of Jakarta Utara, Rohadi sentenced to 7 years’ imprisonment in the court of the first instance. In the Cessation Hearing, his sentence was commuted to 5 years.
20. Former member of Commission V of the House of Representatives, Musa Zainuddin, sentenced to 9 years of imprisonment in an infrastructure project bribery case. In a Cessation Hearing, his sentence was commuted by 3 years to become 6 years of imprisonment.