The panel of judges sentenced former Head of the Agriculture, Food Crops and Horticulture Office of Bima Regency, West Nusa Tenggara, M. Tayeb in a corruption case in the program for distributing new rice fields production and printing facilities for the 2016 fiscal year.
"The defendant M. Tayeb was sentenced to three years in prison according to the indictment of a subsidiary public prosecution," said Chief Justice Putu Gde Hariadi when reading the verdict at the Corruption Court at the Mataram District Court, reported by ANTARA, Wednesday, June 14.
In addition to criminal penalties, the judge also stipulated a fine of Rp. 100 million, subsidiary to one month in prison and compensation for state losses of Rp. 130 million, subsidiary to one year in prison.
For the nominal replacement money, the judge determined by referring to Supreme Court Regulation Number 5 of 2014 concerning Additional Crimes in Replacement Money in Corruption Crimes.
With the reference for the regulation, the judge ruled out the results of the NTB BPKP audit of Rp. 5.1 billion and determined the losses incurred in this case of Rp. 260 million.
The judge in his decision also determined that the defendant's deposit to the Bima Kejari amounting to Rp. 12.5 million was confiscated for the state.
"It was confiscated as part of the payment of compensation for state losses," he said.
After hearing the verdict, the defendant through the legal advisory team expressed his thoughts for an appeal. This was also conveyed by Suryo Dwiguno, the public prosecutor who represented him at the trial.
Aan Ramadhan, the defendant's legal adviser who was met after the trial regretted the decision of the panel of judges to charge the replacement money.
"This trial is unfair. Where did the judge get the replacement money figure of Rp130 million, while during the trial there was no disclosure of the fact that the defendant enjoyed state losses," said Aan.
He assessed that the parties who enjoyed state losses in this case were two other defendants, namely the former Head of Land Development Rehabilitation and Plant Protection Division of the Bima Muhammad Regency PTPH and the Head of Section (Kasi) for Land Rehabilitation and Development (RPL) of the PTPH Office of Bima Regency, Nur Mayangsari.
Likewise with the deposit of Rp. 12.5 million during the trial. Aan regretted that this was included in the judge's decision as compensation for state losses.
"Even though Rp. 12.5 million is a temporary loan for the defendant to serve. It's loan money, not project money, borrowed before the project is implemented. Why did it even enter the compensation for state losses?" he said.
اقرأ أيضا:
He also stated that he agreed with the judge's decision to determine that the defendant's actions were proven guilty of violating Article 3 of the Corruption Eradication Law.
"Agreed to use article 3, because the defendant did not enjoy, enriching himself was not proven in court. It was more related to administrative problems, abuse of authority," he said.
The budget in this distribution program is worth IDR 14.4 billion. The budget comes from the Indonesian Ministry of Agriculture. This program is distributed with the aim of increasing food production in Bima Regency.
It was recorded that 241 farmer groups (poktan) in Bima Regency were included in the list of beneficiaries with details of Rp8.9 billion for 158 poktan that manage 4,447 hectares of rice fields and Rp5.5 billion for 83 poktans with a rice area of 2,780 hectares.
The distribution of the budget is carried out directly to the banking accounts of each group. The disbursement process is carried out in two stages. The first stage is IDR 10.3 billion, 70 percent of the total budget is IDR 14.4 billion, and 30 percent is in the second stage with a value of IDR 4.1 billion.
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