2 Defendants Corruption Of Sriwijaya Grand Mosque Grants Sentenced To 12 Years In Prison
PALEMBANG - The panel of judges at the Palembang District Court, South Sumatra sentenced the defendants Eddy Hermanto and Syarifuddin MF to 12 years in prison for the corruption case of the Sriwijaya Grand Mosque construction grant.
In this case, the defendant Eddy Hermanto served as the General Chair of the Sriwijaya Grand Mosque Construction Committee and the defendant Syarifuddin MF as the Head of the Sriwijaya Grand Mosque Construction Auction Division. The defendants are two of the four defendants in one case file.
"The trial, stated that the defendants Eddy Hermanto and Syarifuddin MF have been legally and convincingly proven to have committed joint and continuing corruption. Sentenced to imprisonment for 12 years and a fine of Rp. 500 million each with the condition that if they are not paid, they are replaced with imprisonment for four months each," said The Chief Justice of the Panel of Judges, Syahlan Effendi, read out his verdict in Palembang, quoted by Antara, Friday, November 19.
According to him, in addition to imprisonment, the defendant is obliged to pay a replacement fine for each of the suspects, Eddy Hermanto, worth Rp. 218 million, subsidiary to two years in prison. Then for the defendant Syarifuddin worth IDR 1 billion, a subsidiary of two years and eight months in prison.
This provision applies if within one month after the decision is inkracht (legally enforceable), the defendant's property is confiscated by the prosecutor for auction.
The proceeds from the auction are returned to the state.
"If the value is still not sufficient, then they are subject to imprisonment for two years and two years and eight months," he said.
The judge was of the view that the sentence given had fulfilled the principle of justice and was commensurate with the actions of the defendant who did not support the corruption eradication program and at the same time the person concerned did not regret his actions.
After examining the evidence, witness statements and expert opinions at the trial, the judge considered that there were several things that proved the defendants were guilty of corruption as charged against them.
The actions in question include, the defendant outside his authority has signed a work contract agreement with related parties, does not involve members in the development auction, outside the authority to receive honorariums, travel facilities which in this case contains elements of state losses of Rp. 64 billion.
The defendant, who is a state civil servant (ASN), did not report the accountability report on the use of grant funds from the APBD to the Regional Assets Financial Management Agency (BPKAD), intentionally not reporting it to the KPK as of 30 days after receiving the gratuity.
Then it was proven that he received and swallowed funds that were not for the construction of a mosque but to enrich himself or others.
"The elements as ASN who have received gratification have been fulfilled. This act is contrary to their position, which is the state administrator who is responsible for acts of corruption, collusion and nepotism (KKN)," he said.
For the actions of the defendants they are subject to Article 2 paragraph (1) of Law Number 31 of 1999 concerning Criminal Acts of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes Jo. Article 55 paragraph 1 1 of the Criminal Code Jo. Article 64 paragraph (1) of the Criminal Code as the primary article.
Violating Article 12 b paragraph (1) of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes of gratification as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes Jo. Article 55 paragraph 1 1 of the Criminal Code Jo. Article 64 paragraph (1) of the Criminal Code as a secondary article.
Meanwhile, the two defendants who attended the online trial from the Palembang Class 1 detention house said they agreed to appeal the judge's decision.
Meanwhile, the Public Prosecutor of the South Sumatra High Prosecutor's Office decided to think about it for the seven days given by the judge.