Aceh Corruption Court Judge Acquitted 2 Defendants Of Jetty Construction Corruption

BANDA ACEH - The Banda Aceh Corruption Court judges acquitted two defendants of the construction of the Kuala Krueng Pudeng jetty, Lhoong District, Aceh Besar Regency with a value of Rp. 13.3 billion.

The verdict was read by a panel of judges chaired by Deni Syahputra at the trial at the Banda Aceh Corruption Court, in Banda Aceh.

The two defendants are M Zuardi and Taufik Hidayat. The defendant M Zuardi attended the trial accompanied by his legal adviser, Mirdas Ismail. Meanwhile, the defendant Taufik Hidayat was accompanied by his legal advisers, Junaidi and Zulfan.

The verdict is different from the prosecutor's demands. At the previous trial, the public prosecutor charged the two defendants with a sentence of seven years and six months in prison and a fine of Rp. 300 million, a subsidiary of six months in prison.

The Public Prosecutor stated that the state loss in this case reached Rp. 2.3 billion. The two defendants were guilty of violating Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 which was changed to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) of the 1st Criminal Code

Defendant M Zuardi is the Budget User Authority (KPA) for the construction of the Kuala Krueng Pudeng jetty at the Aceh Provincial Water Service for the 2019 fiscal year. Meanwhile, the defendant Taufik Hidayat is the Technical Implementation Officer (PPTK) for the project.

In its decision, the panel of judges stated that the two defendants were not proven guilty as charged by the public prosecutor by agreeing to pay for the work of Rp. 13.3 billion. The money paid was not in accordance with the volume of work.

However, the judge said, there was no evidence and the testimony of witnesses at the trial stated that both of them were guilty. On the other hand, the two defendants have carried out their main duties and functions in accordance with the construction of the jetty.

"Freed defendant M Zuardi and defendant Taufik Hidayat, because they were not legally and convincingly proven guilty of committing a criminal act of corruption as charged by the public prosecutor," said the judge as quoted by Antara, Saturday, June 11.

The fact at trial, said the judge, was that no witness stated that the defendant M Zuardi signed the payment terms for each work progress. The defendant only signed the disbursement of the work advance which was the right of the implementing partner.

"Defendant M Zuardi's job is only to plan, not to carry out the work because he was replaced by another official. Meanwhile, the disbursement of the terms was signed by another official who replaced the defendant in the same position," said the judge.

Likewise with the defendant Taufik Hidayat, said the judge, there were no legal facts at trial proving him guilty. Witnesses and experts stated that the problems in the construction of the jetty occurred due to construction errors.

"The legal facts at the trial stated that the defendant had carried out his work according to his main duties and functions. Therefore, those who were responsible were those who carried out the work," said the judge.

On this decision, the two defendants through their sentencing advisors stated that they accepted. Meanwhile, the public prosecutor stated that he would file an appeal to the Supreme Court.

Junaidi, a legal adviser to the defendant Taufik Hidayat, stated that the panel of judges had given a fair decision, because during the trial there was no evidence or witness statements directing the defendant Taufik Hidayat's actions to commit a criminal act of corruption.

"And this has also been stated in the memorandum of defense that the problem with the jetty construction is a construction error. And this is not the fault of our client. So, the panel of judges has decided in the fairest way possible," said Junaidi.