IO – Supreme Court has stated that a Letter of Detention has been issued for the former Chairperson of PPP, Romahurmuziy (familiarly called Romy), after the Corruption Eradication Commission (KPK) filed a cassation for a 1-year prison sentence against Romy on the appeal level. The DKI Jakarta High Court granted Romy’s appeal. His prison term has been shortened, from two years to just one. His fine is still set at IDR. 100 million. According to the Supreme Court, Romy remained detained for the purpose of considering the appeal. “With reason that for the sake of the examination for the cassation, the Supreme Court has issued a letter of detention for the accused,” announced Supreme Court (MA) Spokesman Andi Samsan Nganro, on Wednesday (29/04/2020).
Andi said the detention of Romy took effect on Monday, April 27, 2020, or on the day the KPK officially filed an appeal. Andi continued, explaining how the Cassation report stated that Romy had served a period of detention in accordance with the sentence handed down by the Jakarta High Court, which is 1 year in prison. According to the Criminal Procedure Code (KUHP) and the Supreme Court (MA) Book II, the Chairperson of the Court may order the defendant to be released from detention by law. Andi said in Romy’s letter of detention, the Supreme Court included a clause that the detention of the defendant was the same as the High Court’s decision, so that the defendant could be freed from detention by law.
Romahurmuziy’s lawyer, Maqdir Ismail, said with a 1-year sentence his client should be free from the Corruption Eradication Commission since the appeal decision. Thus, Maqdir asked for Romy to be released in spite of the KPK appeal. Responding to Romy’s insistence, the Corruption Eradication Commission said Romy’s detention was under the authority of the Supreme Court after the appeal was submitted. Maqdir claimed there is no problem the KPK submitting an appeal to the Supreme Court on the decision of the DKI Jakarta High Court (PT). But Maqdir pleaded the detention of his client is not extended. “Yes there is no problem, they submited an appeal. We have also been preparing to submit an appeal. It’s just that we do not want the detention to be extended if there is an appeal,” Maqdir told reporters on Wednesday (04/29/2020).
Regarding the arrest of Romy, Maqdir claims his client should be free on April 30, 2020. This is in line with the decision of DKI Jakarta High Court. Provisions regarding the detention of defendants at the Cassation level are under the authority of the Supreme Court as regulated in Article 253 of the Criminal Procedure Code paragraph (4). The following reads the article: Article 253 paragraph 4. The authority to determine detention goes to the Supreme Court since the appeal was submitted. “Thus, related to the detention of the defendant, after the Prosecutor (public prosecutor) declared an appeal, the KPK would of course fully surrender the authority to the Supreme Court for the continued detention needs,” Acting KPK Spokesman Ali Fikri told reporters on Wednesday (04/29/2020).
Ali further said that when referring to Article 28 and Article 29 of the Criminal Procedure Code, the Supreme Court could carry out detention at the Cassation level for 50 days with an extension of 60 days and 30 days and a third extension of 30 days could be carried out for cases with a sentence of 9 or more years’ imprisonment.
With all that said and done, finally Romy breathes fresh air. Romy was released from the KPK Detention House on Wednesday (4/29/2020) night at around 21.44 WIB. Upon leaving the detention center, Rommy was immediately greeted by his attorney, Maqdir Ismail and relatives who had been waiting at the KPK Detention Center. Rommy walked out wearing a white koko shirt, and holding a red document.
The Chairperson of PPP was convicted of brokering positions in the Ministry of Religion. Romy and four other people were arrested by the KPK in Surabaya, East Java, Friday (03/15/2019). The arrest was made after an illegal money transaction involving state officials. The KPK confirmed that among the five people there were members of the House of Representative (DPR). In addition, there were private and state officials in the Ministry of Religion Regional Office. (dan)