Jakarta, hitclubapk3 Indonesia
—
Indonesian President Prabowo Subianto
providing rehabilitation to three defendants in the alleged Business Cooperation (KSU) corruption case and the acquisition of PT Jembatan Nusantara (JN) by
PT ASDP
2019-2022.
They are former President Director of PT ASPD Ira Puspadewi, Director of Commercial and Services of PT ASDP Muhammad Yusuf Hadi and Director of Planning and Development of PT ASDP Harry Muhammad Adhi Caksono.
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“From the results of communications with the government, thank God, today the President of the Republic of Indonesia Prabowo Subianto has signed a letter of rehabilitation for the three names,” said Deputy Speaker of the DPR Sufmi Dasco Ahmad at a press conference at the Presidential Palace in Jakarta, Tuesday (25/11).
Dasco said that his party had received complaints and aspirations regarding the ASDP problem in the July 2024 period. He admitted that he had asked Commission III to review these aspirations.
“After the DPR RI received various aspirations from community groups, we then asked the Law Commission to conduct a review of the investigation starting July 2024,” he said.
Previously, the panel of judges at the Jakarta Corruption Court sentenced former President Director of PT ASPD Ira Puspadewi to 4 years and 6 months in prison and a fine of IDR 500 million, subsidiary to 3 months in prison.
Meanwhile, the Director of Commercial and Services of PT ASDP Muhammad Yusuf Hadi and the Director of Planning and Development of PT ASDP Harry Muhammad Adhi Caksono were each sentenced to 4 years in prison and a fine of IDR 250 million, subsidiary to 3 months in prison.
According to the judge, the defendants have been 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.
Case number: 68/Pid.Sus-TPK/PN.Jkt.Pst was examined and tried by the chairman of the Sunoto panel with member judges Nur Sari Baktiana and Mardiantos.
The decision was not unanimous, aka it was colored by differences of opinion or Sunoto’s dissenting opinion.
According to him, Ira et al should be acquitted (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.
He views that it is more appropriate to resolve the case in a civil manner because the actions of Ira et al in acquiring PT JN are protected by BJR principles.
Rehabilitation for defendants is regulated in Article 1 Number 23 of the Criminal Procedure Code:
The article’s regulation reads:
Rehabilitation is the right of a person to receive restoration only in terms of his abilities, position and honor and dignity given at the level of investigation, prosecution or trial because he was arrested, detained, prosecuted or tried without reasons based on law or because of a mistake regarding the person or the law applied in the manner regulated in this law.
.
Then, Article 97 paragraph (1) of the old Criminal Procedure Code regulates rehabilitation for defendants.
The article’s regulation reads:
A person has the right to receive rehabilitation if the court decides to be acquitted or dismissed from all legal demands whose decision has permanent legal force
.
So, if a defendant is acquitted, or acquitted by a court decision that has permanent legal force, he has the right to receive rehabilitation.This rehabilitation is included at the same time in the court decision that acquits or releases the defendant.
(fra/mnf/fra)
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