JAKARTA - The panel of judges for judicial review (PK) assessed that the giving of a Mitsubishi Triton car from businessman Fahmi Darmawansyah to the head of the Sukamiskin Penitentiary Wahid Husein was a form of generosity from the husband of the artist Inneke Koesherawati.
"That Wahid Husen asked the Mitsubishi Triton car, which then the applicant for reconsideration agreed to buy the car, not because of the facilities obtained by the applicant but because of the generosity of the applicant," said PK Fahmi's decision seen on the website of the Jakarta Supreme Court, reported by Antara, Tuesday. , December 8th.
The panel of judges PK in its decision reduced the sentence against Fahmi from 3.5 years in prison plus a fine of Rp. 100 million subsidiary 4 months in prison imposed by the Bandung District Court on March 20, 2020, to 1.5 years and a fine of Rp. 100 million, subsidiary to 6 months confinement.
The PK judge panel was handed down by the PK panel of judges consisting of Salman Luthan as chairman of the assembly, Abdul Latif and Sofyan Sitompul respectively as members of the assembly.
In its consideration, the PK assembly reduced Fahmi's sentence because the District Court's decision had not considered the reasons for the imposition of a criminal offense, namely the bribe value given by Fahmi was relatively small and Fahmi was deemed to have no intention of obtaining economic benefits from this act.
Another reason is that Fahmi is considered the only convict in the Class 1 Sukamiskin Bandung Prison who has been given sanctions in the form of imprisonment and fines according to the Corruption Act because he is proven to have enjoyed prison facilities compared to other inmates who had previously enjoyed the same facilities inside. Prison.
"So that the condition as the basis and reason for the decision of the 'Judex Facti' (district court) to sentence the applicant / convicted Reconsideration is contrary to the principle of equal treatment or discrimination in the 'due process of law' conducted by the Judex Facti Panel of Judges in adjudicating the aquo case. , "said the panel of judges PK.
The PK judges panel also considered that various facilities obtained by Fahmi included renovating rooms (cells) with capital from Fahmi, which had previously existed since Dedi Handoko served as Head of the Sukamiskin Class 1 Prison then replaced by Wahid Husen as the Head of Prison since March 2018.
"Wahid Husen allowed this to continue, which should have been the duty and responsibility of Wahid Husen as the Head of Prison because it is not in accordance with the provisions of the development, security and guidance of the prisoners so that PK applicants cannot be blamed for obtaining various facilities in prisons which should be the duties and responsibilities. answered Wahid Husen as the Head of the Class 1 Sukamiskin Prison, "said the panel of judges.
Furthermore, Fahmi gave to Wahid Husen as the head of the prison or state administrator in the form of car service fees, money for entertaining prison guests, birthday gifts in the form of a Louis Vuitton brand "cluth bag" for Wahid Husen's boss, a pair of Kenzo brand sandals for Wahid Husen's wife worth Rp. 39.5 million and a black "double 4x4" type Mitsubishi Triton car at a price of Rp. 427 million not because of the various facilities that Fahmi has obtained as a fostered citizen.
"What is contrary to Wahid Husen's obligations as the Head of the Prison, or in other words there is no legal relationship between giving something by the Petitioner and the obligation of the Head of the Prison to do, or not to do something contrary to his obligations, be carried out or not done in his position," said the panel of judges PK. .
Then according to the facts of the trial in the form of witness Andri Rahmat's testimony, witness Wahid Husen's statement and Fahmi's statement which stated that the provision of the car was not wanted (malicious intention) by Fahmi to influence the head of the prison so that he could obtain facilities in the prison which contradicts the obligations of the prison head but rather exists The initiative of the conversation between Andri Rahmat and Wahid Husen in his office on the 2nd floor of the Sukamiskin Prison in April 2018, who wanted to have a car.
So the next day Andri Rahmat conveyed to Fahmi Darmawansyah that Wahid Husen asked for the Mitsubishi Triton car, which Fahmi agreed to buy the car not because of the facilities that Fahmi had but because of Fahmi's generosity.
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