هل يعاني (مينسوس جولياري) السابق من الفحم في نظر القانون؟

JAKARTA - In the trial of Juliari Batubara's verdict on Monday, August 23, member judge Jusus Pranowo mentioned a number of mitigating factors in the former Minister of Social Affairs.

The judge said "The defendant has suffered enough to be reviled, cursed, humiliated by the community. The defendant has been sentenced by the community to be guilty even though legally the defendant is not necessarily guilty before a court decision has permanent legal force".

This consideration was then widely discussed by the public who also questioned what suffering Juliari had experienced.

When reading the memorandum of defense (pleidoi) on August 9, 2021, Juliari indeed asked the panel of judges to end his suffering by giving an acquittal.

"Therefore, my petition, the petition of my wife, the petition of my two young children and the petition of my extended family to the honorable panel of judges, end our suffering by acquitting me of all charges," said Juliari in a plea hearing on Friday. Monday, August 9th.

Juliari admitted to suffering from the storm of hatred and blasphemy that he said he and his family experienced.

"My family has suffered not only humiliation but also being blasphemed for something they didn't do, the blasphemy against me and my family will end depending on the judge's decision," said Juliari.

Speaking of family, Juliari said that several members of his extended family had served the nation and state and none of them had ever been in trouble with the law.

"As a child who was born, I grew up in a family that upholds integrity and honor, I never had the slightest intention or thought of corruption," added Juliari.

The judge finally decided that Juliari was sentenced to 12 years in prison plus a fine of Rp. 500 million, subsidiary to 6 months in prison and obliged to pay a replacement money of Rp. 14,597,450,000 which if not paid, he would have to serve a prison sentence of 2 years. Juliari was also deprived of the right to be elected in public office for 4 years after serving his main sentence.

Acceptance of bribes In their consideration, the panel of judges consisting of Muhammad Damis as chairman of the panel with two members namely Yusuf Pranowo and Joko Subagyo confirmed that Juliari was proven to have received bribes worth a total of Rp. 32.482 billion from 109 companies providing social assistance for COVID-19 basic necessities in the Jabodetabek area.

The bribe came from Harry Van Sidabukke as a representative of PT Pertani (Persero) and PT Mandala Hamonangan Sude in the amount of IDR 1.28 billion; from representatives of PT Tigapilar Agro Utama Ardian Iskandar Maddanatja of Rp1.95 billion and Rp29.252 billion from various other goods supply companies.

The judge said that Juliari did not enjoy all of the bribes from the businessmen, nor did he receive bribes directly, but through intermediaries.

However, the judge assessed that Juliari was proven to have ordered two of his subordinates, namely Matheus Joko Santoso as Commitment Making Officer (PPK) for the basic food assistance from April-October 2020 and Adi Wahyono as the General Bureau of the Ministry of Social Affairs as well as PPK for social assistance from October-December 2020 to ask for a commitment fee of Rp. 10,000 per person. packages to food supply companies.

At that time, the government determined that the social assistance budget in Jabodetabek was Rp. 6.84 trillion, which was given in 12 stages for April-November 2020 with the number of packages for each stage of 1.9 million packages, bringing a total of 22.8 million basic food packages that must be distributed to people who are experiencing poverty. difficulties due to the Large-Scale Social Restrictions (PSBB) implemented by the government to prevent the spread of COVID-19.

"The defendant's action in recommending and directing the supply company to be appointed by PPK as a provider of COVID-19 basic food assistance is a form of intervention so that the technical team cannot work normally and do not make selections at the beginning of the procurement even though the company clearly does not meet the requirements as a provider," he said. judge Joko Subagyo.

Because the vendor providing basic food assistance is already in Matheus Joko Santoso, the technical team on the orders of Matheus Joko immediately provides a Sales and Purchase Agreement and an order letter to each provider.

The technical team no longer verifies or checks documents because most of the prospective providers do not complete the initial procurement documents and the new procurement documents are completed after the supplier submits payment when the procurement is completed.

So that the companies that become providers also do not have the qualifications to provide social assistance. For example, PT Anomali Lumbung Artha, which was entrusted by Juliari to receive a quota of 1,506,900 packages, is a company engaged in the electronics sector.

Other companies, namely PT Junatama Foodia Kreasindo received 1,613,000 packages, PT Famindo Meta Komunika received 1,230,000 packages and PT Tara Optima Primago received 250 thousand packages.

Meanwhile, the Dwi Mukti Group, which is a company owned by the Chairman of Commission III of the Indonesian House of Representatives, Herman Heri, which provides basic food assistance for PT Anomali Lumbung Artha, is actually a company engaged in the electronics sector.

Other companies, namely PT Pertani and PT Mandala Hamonangan Sude, are companies entrusted by Juliari from PDIP politician Muhammad Ihsan Yunus with the person in charge is Agustri Yogasmara who was appointed as a provider in the provision of social assistance.

"This company is a company that does not meet the provider requirements because Pertani does not have the financial capacity, while PT Mandala Hamonangan Sude does not have work experience in similar fields but is only a supplier to PT Pertani," said judge Joko Subagyo.

The companies that received the quota then deposited a "fee" to Matheus Joko and Adi Wahyono for a total of IDR 32.482 billion.

Using the money, Matheus Joko and Adi Wahyono then deposited the bribes to people close to Juliari, namely the technical team of the Minister of Social Affairs Kukuh Ary Wibowo, Juliari's aide named Eko Budi Santoso and Juliari's personal secretary Selvy Nurbaety in stages in May-August 2020 until it reached Rp9.7 billion .

In addition, the bribes collected by Matheus Joko and Adi Wahyono were also used for the following activities: 1. The payment for Juliari's private jet and the Ministry of Social's entourage during a working visit to Denpasar, Bali amounted to IDR 270 million 2. The plane rental payment for Juliari and the Ministry of Social Affairs entourage made a working visit to Lampung amounting to Rp.270 million, but it was finally canceled so that Rp206.26 million was returned to Selvy Nurbaety's account4. Payment to the EO for artist Cita Citata's honorarium at the Ministry of Social's dinner and gathering at Ayana Komodo Resort Labuan Bajo on November 27, 2020 amounted to Rp150 million5. Purchase of cellphones for Ministry of Social officials worth IDR 140 million6. Payment of the "swab test" fee at the Ministry of Social Affairs of Rp. 30 million7. Payment of sacrificial cows is Rp. 100 million8. Payment for food and drink and accommodation for the social assistance team, volunteer team and monitoring team is IDR 200 million9. Payment for food and drink for the leadership is Rp. 130 million10. Purchase of 2 units of Brompton brand bicycles for Rp. 120 million each for Hartono (Secretary General of the Ministry of Social Affairs) and Pepen Nazaruddin (Director General of Social Security and Social Affairs Ministry of Social Affairs)11. The operational activities of the PSKBS directorate are IDR 100 million and other expenses used for operational activities at the Ministry of Social Affairs12. Purchase of masks worth Rp241.6 million used in the Juliari constituency, namely the Central Java I Dapil (Semarang City, Semarang Regency, Salatiga City, Kendal Regency).13. Witness Go Erwin gave money to Selvy Nurbaety in the amount of Rp. 100 million on the orders of Adi Wahyono14. Provided Rp3 billion to lawyer Hotma Sitompul, which was handed over by Adi Wahyono to the cost of the team of lawyers handling cases of child abuse15. The money was handed over to the DPC Chairman Kendall Akhmat Suyuti through Eko Budi Santoso and has been returned to the KPK account by Akhmat Suyuti in the amount of Rp508.8 million.16. Transferred Rp200 million to Selvy Nurbaetyh's account by Adi Wahyono17. Return of the aircraft rental of Rp. 206.250 million which was transferred to Selvy Nurbaety's account.

The judge concluded that the money that had been used for the benefit of the defendant was Rp. 15,106,250,000 which was taken from the social assistance budget for the handling of COVID-19, whose funds were sourced from the 2020 State Budget. This amount was still reduced by the money returned by Akhmat Suyuti to the KPK in the amount of Rp. 508.8 million. This means that Juliari "lives" to pay Rp. 14,597,450,000.

Place the suffering

Regarding the verdict, Juliari Batubara through his lawyer, Maqdir Ismail, said the verdict was very heavy.

"It's very difficult because the evidence now is whether Pak Ari (Juliari) received the money? Nothing, apart from the confessions of Matheus Joko and Adi Wahyono. Where was the evidence confiscated from him? No, the bribe was something, not wishful thinking people's imagination is like that," said Maqdir.

However, Maqdir said Juliari had not yet decided whether to appeal the decision.

"Yes, we'll see later, that a heavier sentence that has been experienced, should not be added like this. This is called an excessive decision," added Maqdir.

In Greek mythology, the goddess Themis was used as a symbol of justice. Themis is described as a woman carrying a scale that represents the obligation and impartiality of the law in weighing the evidence presented to the court.

In addition to carrying a scale, Themis also carries a double-edged sword as a symbol of enforcement and respect, meaning that after a legal decision is made, action must be taken immediately for the parties involved in the case.

There are two versions of Dewi Themsi, the version before the 15th century, Themis's eyes are described as open without any blindfolds because at that time his thoughts were still sourced from divine things, namely nature and religion.

But after the 15th century, Themis' eyes were covered with cloth to show the rationality of the Renaissance. Society begins to believe in the existence of an objective order that is independent in thought and free from prejudice.

So in the 21st century when Juliari's trial was read, where was Juliari's suffering weighed?