Table of Contents
Dissenting opinion
The defendant received no benefits
Ask for Prabowo’s protection
Jakarta, hitclubapk3 Indonesia
—
Former President Director of PT ASDP Indonesia Ferry (Persero)
Ira Puspadewi
sentenced to 4.5 years in prison by the panel of judges at the Corruption Crime Court at the Central Jakarta District Court.
The defendant was also sentenced to pay a fine of IDR 500 million subsidiary to 3 months in prison.This case relates to Business Cooperation (KSU) and the acquisition of PT Jembatan Nusantara by PT ASDP Indonesia Ferry (Persero) in 2019-2022.
This decision is lighter than the demands of the KPK Public Prosecutor with a sentence of 8 years and 6 months in prison and a fine of IDR 500 million subsidiary to 4 months in prison.
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Ira was sentenced along with two other defendants, namely the Director of Commercial and Services of PT ASDP Muhammad Yusuf Hadi and the Director of Planning and Development of PT ASDP for the period June 2020-present Harry Muhammad Adhi Caksono, who were each sentenced to 4 years in prison and a fine of IDR 250 million, subsidiary to 3 months in prison.
The judge was of the opinion that the defendants were proven to have committed criminal acts of corruption which caused state financial losses of up to IDR 1.25 trillion in KSU and the acquisition of PT JN by PT ASDP in 2019-2022.
However, the decision was not unanimous, aka it was colored by differences of opinion or
dissenting opinion
by the Sunoto panel of judges.
He believes that Ira et al should be given a prison sentence (
ontslag van alle recht vervolging
) because there was no criminal act of corruption in the KSU case and the acquisition of PT JN by PT ASDP.
Dissenting opinion
The chairman of the panel of judges, Sunoto, stated that Ira and his friends should be given a free sentence (
ontslag van alle recht vervolging
).
He believes that the Business Cooperation (KSU) and acquisition of PT Jembatan Nusantara (JN) by PT ASDP in 2019-2022 are business decisions.
Based on the legal facts at the trial, Sunoto believes that the elements of the criminal act of corruption related to state financial losses that were charged by the KPK prosecutor were not proven conclusively.
“The defendants should be declared free from all legal charges or ontslag,” said Sunoto when reading his opinion or dissenting opinion at the verdict hearing at the Jakarta Corruption Court, Thursday (20/11).
Sunoto said that Ira et al’s actions were a business decision protected by the Business Judgment Rule (BJR).He considered that Ira et al had acted in good faith and were careful without having malicious intentions (mens rea) to harm the country.
“Directors will be very afraid to make business decisions that involve risks even though these decisions are necessary for the growth and development of the company, the best professionals will think many times about accepting leadership positions in BUMN because they are worried that every business decision that is not optimal could be criminalized,” said Sunoto.
The defendant received no benefits
The panel of judges also assessed that Ira and his friends did not receive any personal benefits in this case.
This was one of the points that the judge considered so that they punished Ira et al more lightly than the KPK prosecutor.
“Mitigating factors: The defendants were proven to have received no financial benefits,” said member judge Nur Sari Baktiana in her consideration, at the Jakarta Corruption Court, Thursday (20/11).
The judge stated that there were no legal facts that showed that Ira, together with the Director of Commercial and Services of PT ASDP Muhammad Yusuf Hadi and the Director of Planning and Development of PT ASDP for the period June 2020-now, Harry Muhammad Adhi Caksono, received personal benefits related to KSU and the acquisition of PT JN.
However, the judge was of the opinion that the defendants’ actions had provided extraordinary profits to PT JN and its owner, Adjie.
On this basis, the actions of Ira et al are considered to fulfill the criminal elements in Article 3 of the Corruption Eradication Law.
Ask for Prabowo’s protection
Ira Puspadewi asked Indonesian President Prabowo Subianto for legal protection after receiving a verdict in this case.
Ira said that this protection means that BUMN directors will no longer be criminalized when making big decisions.
“We ask for legal protection from the President of the Republic of Indonesia for professionals, especially BUMN which have made big breakthroughs for the nation,” said Ira after attending the verdict reading session at the Corruption Crime Court (Tipikor) at the Central Jakarta District Court (PN), Thursday (20/11).
Ira said that the acquisition of PT JN was a strategic decision not only for ASDP, but for Indonesia.He said the acquisition strengthened ASDP’s position, especially in serving Disadvantaged, Frontier and Outermost (3T) areas.
“We need an acquisition where PT JN is a company that has permits for 53 ships to sail on all commercial routes. This strengthens commercial routes, so ASDP’s power to cross-subsidize will be easier,” he said.
(mnf/fra)
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