Supreme Court Returns Joko Tjandra's Sentence To 4.5 Years In Prison

JAKARTA - The panel of cassation judges at the Supreme Court returned the verdict of Joko Soegiarto Tjandra to 4.5 years in prison in cases of giving bribes to law enforcement officers and conspiracy to commit crimes.

"Reject the correction of the cassation of the defendant and the public prosecutor by amending the sentence to a prison sentence of 4.5 years in prison and a fine of Rp100 million, subsidiary of 6 months in prison," said the excerpt of the cassation decision as conveyed by the spokesman for the Supreme Court, Andi Samsan Nganro, quoted by Antara, Tuesday, November 16.

The cassation decision was decided on November 15, 2021, by the panel of cassation judges, namely Suhadi as chairman of the panel accompanied by Ansory and Suharto respectively as member judges.

Previously, on April 5, 2021, the Jakarta Corruption Court (Tipikor) court, located at the Central Jakarta District Court, sentenced Joko Tjandra to 4.5 years in prison.

Meanwhile, on July 5, 2021, the Jakarta High Court (PT) cut Joko Tjandra's sentence to 3.5 years in prison plus a fine of Rp100 million, subsidiary to 6 months in prison.

The PT Jakarta Assembly considered that Joko Tjandra had handed over funds amounting to Rp546.468 billion to the country that was previously in the Escrow Account for the Bank Bali qq account. PT. Prime Enterprising Era.

However, in its consideration, the cassation panel said that although the severity of the crime was under the authority of the "Judex Facti" (High Court) but when "Judex Facti" made a criminal decision by reducing the sentence against Djoko Tjandra, it turned out that PT DKI Jakarta was lacking in its considerations (Onvoldoende gemotiveerd).

"Why did Judex Facti PT reduce the prison sentence from 4.5 years to 3.5 years, which relieves the defendant because the defendant returned the funds in the enscrow account of the defendant's Bank Bali qq PT Era Giat Prima account amounting to Rp546,468,544,738 Even though the handover was carried out through an execution mechanism by the Public Prosecutor when the decision had permanent legal force, this has no correlation with the bribery committed by the defendant in the quo case," said the cassation panel.

The cassation panel considered that Joko Tjandra's actions were bribes with the aim of administering the Supreme Court's fatwa through his brother-in-law and forwarded to Pinangki Sirna Malasari as prosecutor for 500 thousand US dollars and for managing status checks and the abolition of "red notices" by issuing bribes to Napoleon Bonaparte amounting to 370 thousand US dollars and 200 thousand Singapore dollars and to Prasetijo Utomo 100 thousand US dollars.

"Apart from the sentence handed down by the 'Judex Facti' of the High Court, the legal considerations regarding the proof of the elements of the Public Prosecutor's indictment by the Judex Facti of the District Court upheld by the Judex Facti of the High Court are appropriate and correct in accordance with the juridically relevant legal facts revealed. before the trial and has also been confirmed with the elements of the articles of the Public Prosecutor's indictment," said the cassation panel.

Meanwhile, the reason for Djoko Tjandra's cassation, which is an appreciation of the results of the evidence, cannot weaken or erase the criminal acts he has committed.

"Based on the facts revealed at the trial that the defendant committed a bribery act, the quo act was carried out and has been completed as a criminal offense in Indonesia, even though the defendant is a Papua New Guinea citizen and lastly was in Malaysia, he can still be applied to the law in force in Indonesia. " said the Court of Appeal.