There May Still Be an Appeal

Kompas/Heru Sri Kumoro

Former Minister of Social Affairs, Juliari P Batubara exits the Corruption Eradication Commission (KPK) building, Jakarta after an online trial in the alleged corruption case in the procurement of the 2020 Jabodetabek social assistance package, which was held by the Corruption Court, Jakarta, Monday (23/23/2020). 8/2021). Juliari was sentenced to 12 years in prison.

A panel of judges at the Jakarta Corruption Court sentenced former social affairs minister Juliari Batubara to 12 years in prison.

The judges\' verdict was a year heavier than the demands of Corruption Eradication Commission (KPK) prosecutors. The judges also imposed additional penalties in the form of the revocation of Juliari\'s political rights for four years and a fine of Rp 14 billion (US$971,244) in restitution.

Previously, the prosecutor demanded 11 years in prison. When compared to a statement made by KPK chairman Firli Bahuri in front of the House of Representatives, who said the KPK would not hesitate to demand the death sentences, the judge\'s verdict is still lenient.

In their consideration, the panel of judges decided that the defendant had suffered socially because of the condemnation expressed by the public. Based on that onerous consideration, the panel of judges said that amid the pandemic, there was an increasing trend of corruption, both in terms of quantity and quality.

Also read:

> Juliari Collected Rp 15.2 Billion in Illegal Fees, Court Finds

> Give Heavier Punishment during Pandemic

We see that the imposition of levies on social assistance funds for personal or group interests as shameful. However, the decision of the panel of judges as a judicial mechanism in a democratic era must be respected.

It must be remembered that the legal process is not finished. The case could still go to the appeals court, there could still be a cassation, there could still be a review. Then, after the case has permanent legal force and the defendant is serving his sentence in prison, the Law and Human Rights Ministry may still grant a remission.

KOMPAS/RADITYA HELABUMI

The personal secretary of former Social Minister Juliari P Batubara, Selvi Nurbaity, gave a statement during the follow-up hearing of the bribery case for the provision of social assistance for handling Covid-19 with the defendant former Social Minister Juliari Batubara at the Corruption Court (Tipikor) Jakarta, Wednesday (19/5/2021).

The legal process after the first trial is usually closed to the public. This has been proven by the history of Indonesia’s contemporary judiciary. At the appeals level, the verdict against attorney Pinangki Sirna Malasari was reduced by 60 percent, from 10 years in prison to four years. Defendant Joko Soegiarto Tjandra also received a sentence reduction from four and a half years in prison to three and a half years. Additionally, on Independence Day, the government gave them a two-month remission on their sentence.

The empirical reality shows that the judicial mechanism after the trial is a mechanism that is relatively closed to the public, where media access is very, very limited. Public access is relatively closed because the trial only involves the examination of files and considerations.

Also read:

> Privilege for Pinangki

> Hope in the Judiciary

In that closed space, any transaction can happen. This view is based on the fact that sentence reductions were made in the appeals court and for Independence Day.

Remissions, are managed by the Law and Human Rights Ministry, are also seen as something that is opaque. The public cannot access to indicators that decide whether a convict has exhibited good behavior or not as a condition for obtaining a remission.

The remission process, which has been the monopoly of the Law and Human Rights Ministry, also needs to be reformed by involving the public. The government must have the courage to declare no remissions for convicted corruption and drug inmates.

This article was translated by Hyginus Hardoyo.