Public Prosecutor Files Cassation For Free Verdict For Corruption Accused Of Samsat Amuntai, South Kalimantan

BANJARMASIN - The public prosecutor (JPU) filed an appeal to the Supreme Court for the acquittal of Muhamad Anshor and Akhmad Yani, two defendants in corruption in land acquisition for the Samsat Amuntai building.

"The public prosecutor has the authority to file an appeal against the acquittal handed down in the first instance court," said Acting Head of the Legal Information Section of the South Kalimantan Prosecutor's Office Roy Arland in Banjarmasin as reported by ANTARA, Thursday, June 1.

Roy said the prosecutor from the Hulu Sungai Utara District Attorney's Office had 14 days after the court's decision was read out to file an appeal.

The Public Prosecutor's Team is now compiling a cassation memorandum for further cassation case files sent to the Supreme Court through a clerk.

Previously, Muhamad Anshor through his attorney Sabri Noor Herman stated that the decision of the panel of judges was in accordance with the memorandum of defense or plea that had been submitted previously.

"This means that what we predicted from the beginning, thank God, was proven in the judge's decision," he said.

Sabri said that starting from the exception of the indictment of the public prosecutor followed by the facts of the trial to the pledoi, his party believed that his client was not guilty of committing a criminal act of corruption.

Sabri explained that his client's position as an assessment team or appraisal has carried out his duties according to professional standards and code of ethics and by expert witnesses in the facts of the trial, nothing has been violated.

Then according to legal regulations, land acquisition under one hectare can be directly between budget users and land owners.

Even the results of an appraisal or opinion of an appraisal do not become a benchmark for land acquisition but only as a reference.

In the land acquisition activity that led to the alleged corruption case, Sabri ensured that his client did not get money or compensation as charged by the prosecutor.

"So if this is punished, it is a very disgrace, we appreciate the panel of judges and this proves that justice still exists," he said.

It is known that Muhamad Anshor as the assessment team and Akhmad Yani as village heads during land acquisition covering an area of 7,064 square meters for the construction of the Amuntai Samsat building in Hulu Sungai Utara Regency from the 2013 South Kalimantan Provincial Government Equipment Bureau budget of IDR 3.3 billion.

In its investigation, the prosecutor stated that the value of the loss from this case was Rp. 565 million.

By the prosecutor, both of them were charged with Article 2 paragraph 1 in conjunction with Article 18 of UURI No. 31 of 1999 as amended and supplemented by Law No. 20 of 2001 concerning Amendments to UURI No. 31 of 1999 concerning the eradication of corruption in conjunction with Article 55 paragraph 1 of the Criminal Code as the primary indictment.

Then the indictment of subsidies article 3 in conjunction with article 18 UURI No. 31 of 1999 as amended and supplemented by UURI No. 20 of 2001 concerning Amendments to UURI No. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 55 paragraph 1 of the Criminal Code.

On that basis, the Public Prosecutor demanded that the two defendants, who have been detained since November 15, 2022, be sentenced to five years and six months in prison, with an order that the defendant remains detained and a fine of Rp. 200 million, subsidiary to six months in prison.

For replacement money, the Public Prosecutor demanded that both of them pay Rp.465,120,000 and if they do not pay by one month at the latest after the court's decision has permanent legal force, then their property can be confiscated by the prosecutor and auctioned off to cover the replacement money.

In the event that the defendant does not have sufficient assets to pay the replacement money, he will be replaced with imprisonment for three years.

However, in the final round of the trial led by the presiding judge Jamser Simanjuntak and two member judges Ahmad Gawi and Arif Winarno and attended by Sumantri Aji Surya Irawan as public prosecutors, the two defendants were acquitted because they were not legally and convincingly proven guilty of committing a criminal act of corruption as in the primary indictment and subsidies charges.

The panel of judges acquitted the defendant from all charges of the prosecutor and ordered the defendant to be released from custody and to restore the rights of the defendant in his abilities, position, dignity and dignity.