ICW's Decision Of Reducing Edhy Prabowo's Sentence Is Considered Absurd As Well As An Encouragement For Corruptors

JAKARTA - The Indonesian Corruption Watch (ICW) has highlighted the cutting of the sentence of former Minister of Maritime Affairs and Fisheries, Edhy Prabowo by the Supreme Court (MA). The consideration of the panel of judges on the cassation was deemed absurd by ICW researcher Kurnia Ramadhana.

"The Supreme Court's reason for reducing Edhy Prabowo's sentence is absolutely absurd. Because if he had done a good job and gave hope to the community, surely Edhy would not have been prosecuted by the KPK," Kurnia said in a written statement quoted on Thursday, March 10.

He said that the cassation judge who circumcised Edhy's sentence from nine years in prison to five years did not see a number of factors that actually aggravated the sentence.

The first factor, said Kurnia, was that Edhy had used his position as Minister of Maritime Affairs and Fisheries to gain profits by illegally accepting bribes related to the export licensing of lobster clear seeds (BBL).

The second factor, the Gerindra Party politician is said to have committed corruption in the midst of the COVID-19 pandemic in which many people have suffered.

"How can the judge say that the defendant has given hope to the community while at the same time Edhy is carrying out corrupt practices amidst the misery of the community due to the COVID-19 pandemic," he asked.

With this condition, the anti-corruption activist then considered the Supreme Court's decision to cut Edhy's sentence as odd. This is because the sentence of five years in prison is only six months heavier than the sentence given to his staff, Amiril Mukminin, who was caught in the bribery case.

"Moreover, with the corruption he committed, Edhy also violated his own oath of office," said Kurnia.

Furthermore, Kurnia also said that cutting Edhy's sentence for absurd reasons was feared that it could set a bad precedent. It is not impossible, later the perpetrators of corruption will not be deterred but instead have the enthusiasm to commit corruption.

In fact, the practice of corruption should be categorized as an extraordinary crime. "It is feared that this cut in the sentence by the Supreme Court will serve as a multivitamin as well as an encouragement for officials who want to practice corruption," he said.

"Because they see firsthand how the decisions of the judicial power institutions rarely provide a deterrent effect," added Kurnia.

As previously reported, the Supreme Court considered that Edhy had worked well during his time as a minister, thus circumcising his sentence of four years.

In the consideration of the cassation panel, it was stated that Edhy had carried out his position well because he revoked the Regulation of the Minister of Maritime Affairs and Fisheries Number 56/PERMEN-KP/2016 dated December 23, 2016, and replaced it with the Regulation of the Minister of Maritime Affairs and Fisheries Number 12/PERMEN-KP/2020 which aims to utilization of lobster seeds.

"That is, they want to empower fishermen and also to cultivate them because lobster in Indonesia is very large. Furthermore, in the Minister of Maritime Affairs and Fisheries Regulation Number 12/PERMEN-KP/2020, exporters are required to obtain lobster clear seeds (BBL) from small fishermen who catch BBL," write down those considerations.

"So it is clear that the defendant's actions are for the welfare of the community, especially small fishermen," added the consideration of the cassation panel.

For information, Edhy filed an appeal after the DKI Jakarta High Court increased his sentence to nine years in prison from the five-year sentence at the first level or the Jakarta Corruption Court.

The PT DKI Panel of Judges weighed Edhy's verdict because he did not accept the verdict at the first instance. In the memory of Edhy's appeal, there is no new pretext that can make the sentence commuted.

In addition, his position as minister is also a burdensome factor. The judge was of the opinion that Edhy should be an example for his subordinates.