Rafael Alun Asks To Be Free: Gratification-TPPU Cases Considered Expired
The defendant Rafael Alun Trisambodo asked the panel of judges at the Central Jakarta District Court to release him from all charges by the public prosecutor (JPU). This is because the alleged case of receiving gratuities and money laundering (TPPU) that was charged is considered expired.
The statement was made by Rafael Alun Trisambodo's attorney when reading the exception or objection note at the trial, Wednesday, September 6.
"We ask that the panel of judges, Your Honor, be willing to impose a decision declaring the prosecution of the public prosecutor against a criminal case of 75/Pid.Sus-TPK/2023/PN Jkt.Pst, because it expires," said Rafael Alun Trisambodo's attorney.
The case of gratification and TPPU Rafael Alun Trisambodo is considered expired because the alleged criminal act charged by the prosecutor occurred in the period 2002 to 2013.
This reason refers to Articles 78 and 79 of the Criminal Code governing the expiration period of prosecution.
"Based on the description of the article in the first indictment, elements of Article 12B of the Anti-Corruption Law are included in Article 78 paragraph 1 number 4 with an expiration date of 18 years," he said.
"The defendant was charged with gratification which was considered to have been given bribes since 2002 or 21 years ago," he continued.
On that basis, Rafael Alun Trisambodo asked the panel of judges to release him from all charges and detentions.
Rafael Alun Trisambodo was charged with receiving gratuities of Rp. 16.6 billion. The acceptance was made with his wife, Ernie Meike Torondek.
"The defendant has committed or participated in carrying out several related actions in such a way that it must be seen as a continuing act, receiving gratuities, namely receiving a total of Rp16,644,806,137," said the prosecutor.
Then, in the prosecutor's indictment, Rafael Alun and his wife who is also the mother of Mario Dandy Satriyo received gratuities from several companies, including PT Artha Mega Ekadhana (PT ARME), PT Cubes Consulting, PT Cahaya Kalbar and PT Krisna Bali International Cargo. Ernie Meike Torondek is the commissioner of PT ARME, PT Cubes Consulting and PT Bukit Hijau Asri.
"That the Defendant together with Ernie Meike Torondek gradually from May 15, 2002 to March 2013 had received gratuities in the form of money in total amounting to Rp16,644,806,137 through PT ARME, PT Cubes Consulting, PT Cahaya Kalbar and PT Krisna Bali International Cargo," said the prosecutor.
The prosecutor also charged him with money laundering (TPPU) worth Rp. 101 billion.
The value of the money laundering offenses charged is the result of accumulation. Where, Rafael Alun received gratuities in two different periods. Then place it in the financial services provider and spend assets.
"The defendant Rafael Alun Trisambodo together with Erinie Meike Torondek have committed or participated in committing several actions that have a relationship in such a way that it must be seen as a continuing act, deliberately placing the assets he knows or should be suspected to be the result of a criminal act into financial service providers and paying or spending wealth," explained the prosecutor.
In the first period or to be precise from 2002 to 2010, Rafael Alun received gratuities of Rp5,101,503,466.00 (Rp5.1 billion) and Rp31,727,322,416 (Rp31.7 billion).
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Then, for the second period or 2011 to 2023, Mario Dandy Satriyo's father received gratuities of Rp11,543,302,671 (Rp11.5 billion), 2 million Singapore dollars or around Rp23,640,311,825 (Rp23 billion) and 937 thousand US dollars or Rp14,851,001,110 (Rp14.8 billion).
When accumulated, the gratification value received by Rafael Alun Trisambodo and then placed by financial service providers and purchases of assets and assets amounted to Rp. 101,426,776,345 (Rp. 101 billion).