Law Enforcers’ Commitment Questioned

Kompas/Wawan H Prabowo

Convicted in the case of Bank Bali collection rights, Joko Soegiarto Tjandra, awaits the presence of the Corruption Court Judges (Tipikor) at the Central Jakarta District Court, Thursday (4/3/2021).

Judges again considered the prosecutor\'s demand in the cases related to Joko S Tjandra as too light. On the other hand, the former secretary of the Supreme Court was sentenced to only half of the demand.

JAKARTA, KOMPAS — The demands and decisions of the panel of judges in the cases related to the conspiracy for the acquittal of Joko Soegiarto Tjandra in relation to corruption charges in the Supreme Court and the removal of his name from the list of wanted persons in the immigration system, as well as in cases involving former secretary of the Supreme Court (MA), Nurhadi, have raised questions about the commitment of legal enforcers in the eradication of corruption. This commitment is needed, especially in cases involving law enforcers in the same institution.

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On the one hand, the panel of judges at the Jakarta Corruption Court (Tipikor), chaired by Muhammad Damis, on Wednesday (10/3/2021), gave sentences that were more severe than those demanded by the prosecutors to Brigadier General (Pol) Prasetijo Utomo and Inspector General Napoleon Bonaparte in the case related to the removal of Joko Tjandra\'s name from the list of the wanted people in the immigration system. The judges felt that the prosecutors’ demands were too light.

Prasetijo was sentenced to three years and six months in prison and a fine of Rp 100 million (about US$7,140) or an addition of six months in prison. The sentence was heavier than the prosecutor\'s demand of two years and six months in prison and a fine of Rp 100 million or addition of six months in prison. Meanwhile, Napoleon was sentenced to four years in prison and a fine of Rp 100 million or an addition of six months in prison, higher than the prosecutor\'s demand of three years in prison. Napoleon said he would appeal, while Prasetijo said he accepted the verdict.

KOMPAS/NORBERTUS ARYA DWIANGGA MARTIAR

The defendant in the case of deleting the wanted list on behalf of Joko Tjandra in the immigration system based on red notice, Inspector General (Police) Napoleon Bonaparte shortly before attending a hearing with the agenda of reading the verdict against him at the Central Jakarta Corruption Court, Wednesday (10/3/2021) .

Thus, the seven defendants convicted in cases related to Joko Tjandra have all received higher sentences than those demanded by the prosecutors. The other defendants at the Corruption Court included prosecutor Pinangki Sirna Malasari, Tommy Sumardi, and Andi Irfan Jaya. At the East Jakarta District Court (PN), Joko Tjandra’s advocate Anita Kolopaking, and Brigadier General (Pol) Prasetijo were also sentenced to sentences higher than the prosecutor’s demands in the forged travel document case.

Nurhadi and Rezky were each sentenced to six years in prison and a fine of Rp 500 million, or an addition of three months in prison.

However, on the other hand, the panel of judges in the Jakarta Corruption Court chaired by Saifudin Zuhri, Wednesday, sentenced former MA secretary Nurhadi and his son-in-law, Rezky Herbiyono, lower than those demanded by the Corruption Eradication Commission (KPK) prosecutors. The case was related to bribery and gratuities which occurred in 2014-2016. Nurhadi and Rezky were each sentenced to six years in prison and a fine of Rp 500 million, or an addition of three months in prison. The sentence is s lower than the demands of the KPK prosecutors, namely 12 years in prison for Nurhadi and 11 years for Rezky.

Punishment parameters

Professor of Criminal Law at the University of Jenderal Soedirman, Hibnu Nugroho, said on Thursday (11/3), that the verdict in the Nurhadi and Napoleon and Prasetijo cases should become a warning for the court as one legal enforcement agencies in the eradication of corruption. According to Hibnu, the sentences given to corruptors in the future must be heavier, especially against law enforcers who are involved in corruption. He emphasized that there should become a warning for criminal penalties against corruption by law enforcers.

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The Indonesian Corruption Watch (ICW) researcher, Kurnia Ramadhana, said that the low verdict given to Nurhadi hurt the public\'s sense of justice, because Nurhadi committed the crimes while serving as a high ranking official at a judiciary agency. In addition, Nurhadi was also not cooperative and had become KPK’s fugitive.

Meanwhile, a lecturer of Criminal Law at the Islamic University of Indonesia (UII), Mudzakir, said that prosecutors tended to give lighter charges against defendants who come from law enforcement agencies. As a result, they demanded a low sentence. In fact, Mudzakir said, the bribery in the Joko Tjandra case was an initiative of law enforcement officials.

Kompas/Wawan H Prabowo

Former Secretary of the Supreme Court (MA) Nurhadi was again examined by the Corruption Eradication Commission (KPK) investigative team at the KPK Building, Kuningan, Jakarta, Thursday (6/8/2020).

The ICW noted that most of the charges in corruption cases filed by KPK prosecutors and the Prosecutor’s Office throughout 2019 were in the medium and light categories. The ICW put sentences of 0-4 years in the light category, over 4 years to 10 years in the moderate category, and over 10 years in the heavy category.

The average sentence demanded by the KPK is five years and two months in prison, while the average sentence sought by the Prosecutor\'s Office is three years and four months in prison.

Throughout 2019, at least 1,125 defendants were tried at different court levels. A total of 137 defendants were prosecuted by the KPK and 911 defendants by the Prosecutor’s Office. The average sentence demanded by the KPK is five years and two months in prison, while the average sentence sought by the Prosecutor\'s Office is three years and four months in prison. Meanwhile, in the first semester of 2020, ICW noted that the average KPK demand was five years in prison, while that of the Prosecutor\'s Office was three years and 11 months in prison.

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When asked about the light charges given by the Prosecutor’s Office against the defendants in a case related to Joko Tjandra, the head of the legal information center of the Attorney General\'s Office, Leonard Eben Ezer Simanjuntak, did not answer phone calls or Whatsapp messages from Kompas.

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Meanwhile, the deputy chief justice of the Supreme Court for judicial affairs Andi Samsan Nganro said that the panel of judges who tried corruption cases involving law enforcers did not intend to impose a different verdict from those given to perpetrators in general.

KOMPAS/DIAN DEWI PURNAMASARI

Andi Samsan Nganro

The panel of judges always gave a verdict based on the legal facts of the trial and the consideration of the panel of judges handling the case, he said.

"We do not yet know the reasons and consideration of the panel that tried Nurhadi so that he only received six years in prison. However, what is clear, of course, there are reasons and considerations underlying the punishment imposed by the panel of judges, "said Andi. (PDS/SYA/NAD/DEA)

(This article was translated by Hendarsyah Tarmizi).