The panel of judges sentenced former officials of the Bima Muhammad Regency Agriculture, Food Crops and Horticulture (PTPH) in a corruption case in the distribution program for production facilities (saprodies) and new rice fields printing for the 2016 fiscal year.
"To try by imposing a sentence of two years in prison for defendant one Muhamad according to the indictment of the public prosecutor's subsidiary," said Chief Justice Put Gede Hariadi reading out M Tayeb's verdict quoted by ANTARA, Wednesday, June 14.
In addition to delivering the verdict against the Head of Land Development Rehabilitation and Plant Protection Division of the PTPH Bima Regency, the judge also read out the verdict for the Head of the Land Rehabilitation and Development Section (RPL) of the PTPH Office of the inactive Bima Regency, Nur Mayangsari.
"To try by imposing a sentence of one year in prison for the two defendants, Nur Mayangsari, according to the indictment of the public prosecutor's subsidiary," he said.
For the criminal fine, the judge determined Rp50 million each, subsidiary to 2 months in prison.
To the two defendants, the judge also charged the state compensation with a value of Rp. 86 million for the defendants Muhamad and Rp. 43 million for the defendant Nur Mayangsari.
In the verdict, the judge stated that the two defendants together with the former Head of the Bima Regency PTPH Office M. Tayeb who had been sentenced to three years in prison committed a criminal act of corruption by abusing his authority in office.
As a result of this abuse of authority, the judge determined that there was a state loss of Rp260 million by burdening M. Tayeb to pay compensation of Rp130 million. This figure is different from the results of the NTB BPKP audit of Rp5.1 billion.
The basis of the judge for ruling out the results of the NTB BPKP audit refers to Supreme Court Regulation (Perma) Number 5 of 2014 concerning Additional Crimes in Replacement Money in Corruption Crimes.
With this description, the judge determined that the actions of the two defendants together with M. Tayeb were proven guilty of violating Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001 jo. Article 55 paragraph (1) 1st of the Criminal Code.
After hearing the verdict, the defendant Muhamad stated before the panel of judges that he had not filed an appeal.
"After negotiating with the legal adviser, I stated that I accepted the decision," said Muhamad.
Unlike Nur Mayangsari, through her legal advisor, she stated that she was still "thinking about it". This was also conveyed by Suryo Dwiguno, the public prosecutor who represented him at the trial.
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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