Becomes Highlights Including The Verdict Of Fahmi 'Dermawan', Chief Justice: Reducing Corruption Penalties, The Authority Of Judges

JAKARTA - Chief Justice of the Supreme Court (MA) Muhammad Syarifuddin said that the reduction of sentences for corruption convicts at the reconsideration level (PK) is entirely the authority of the judge who hears the case.

"It is the full authority of the judge who hears the case, fulfilling the feeling of justice according to the judge who tried it," said Syarifuddin at the Supreme Court building, Jakarta, quoted by Antara, Wednesday, December 30.

It is known, based on the records of the Indonesia Corruption Watch (ICW) the Supreme Court has reduced the sentences of eight convicted corruption cases handled by the Corruption Eradication Commission (KPK) at the reconsideration level (PK), starting from January to October 2020.

Syarifuddin emphasized that the reduction of sentences for corrupt convicts at the PK level is the independence of the judge's authority. In fact, he who is the Chief Justice of the Supreme Court does not even have the authority to interfere with the decision.

"Never mind the chairmen of the chambers or the supreme justices, I as the chairman may not interfere with the judge's independence," he said.

In addition, Syarifuddin said that the number of corrupt convicts who received reduced sentences at the PK level was only eight. Meanwhile, the number of PKs rejected was far more than that.

"Earlier it was said that there were eight. Eight out of thousands of PK cases. So if you suspect, only 8 percent were granted. 92 percent were rejected. So if what is being reported is 92 percent it may not be a problem. Just because what is always reported is eight percent, so it will be. so he is, "he said.

He emphasized that the reduction in sentences for corrupt convicts had nothing to do with Artidjo Alkostar's retirement as Supreme Court judge in 2018.

It is known, Artidjo is known as a figure who does not hesitate to impose harsh penalties on corruptors. Currently Artidjo is a member of the 2019-2023 KPK Supervisory Board.

"If it is related to Pak Artidjo's retirement, there is no connection. Even Mr Artidjo is here and cannot influence this," said Syarifuddin.

The KPK said the use of the term generosity in a decision would obscure the essence of the word. This was conveyed by Acting Spokesperson for the Corruption Eradication Commission (KPK) Ali Fikri in response to the Supreme Court (MA) ruling which cut the sentence convicted for the bribery case of the Sukamiskin Prison facility, Fahmi Darmawansyah.

"We must respect the judge's decision. However, in the midst of the public who are currently enthusiastic in efforts to liberate this country from corruption, the use of the terminology of generosity in this decision obscures the essence of the meaning of generosity itself," Ali said in his written statement on Wednesday. December 9th.

He emphasized that whatever Fahmi did in this case was a disgraceful act. Moreover, Fahmi gave something to state officials or civil servants because they had personal interests.

"Giving something to a state administrator or civil servant because of the power and authority of the recipient, while the donor has an interest behind it, of course it is a disgraceful act," he said.

In fact, Ali assessed that what Fahmi had done was in the category of bribery, "or at least part of the gratuity which is of course a criminal threat," he said.

As previously reported, the panel of judges for judicial review (PK) assessed that the gift of a Mitsubishi Triton car from businessman Fahmi Darmawansyah for the head of the Sukamiskin Penitentiary Wahid Husein was a form of generosity from the husband of the artist Inneke Koesherawati.

"That Wahid Husen asked the Mitsubishi Triton car, which then the Petitioner for Reconsideration agreed to buy the car, not because of the facilities obtained by the applicant but because of the generosity of the applicant," said PK Fahmi's decision seen on the website of the Jakarta Supreme Court, reported by Antara, Tuesday. , December 8th.

The PK judges panel in its decision reduced the sentence against Fahmi from 3.5 years in prison plus a fine of Rp. 100 million subsidiary 4 months in prison imposed by the Bandung District Court on March 20, 2020, to 1.5 years and a fine of Rp. 100 million, subsidiary to 6 months. confinement.

The PK judge panel was handed down by the PK panel of judges consisting of Salman Luthan as chairman of the assembly, Abdul Latif and Sofyan Sitompul respectively as members of the assembly.