Former Director Of Finance Jiwasraya 'Free' From Life Penalty

JAKARTA - The Jakarta High Court (PT) cut the sentence of the Jiwasraya Finance Director for the January 2013-2018 period, Hary Prasetyo, from life imprisonment to 20 years.

"Strengthening the decision of the Corruption Court at the Central Jakarta District Court Number 31 / Pid.Sus-TPK / 2020 / PN.Jkt.Pst dated 12 October by changing the length of the sentence imposed on the defendant, namely 20 years imprisonment and a fine of Rp1 billion. If the fine is not paid, it will be replaced by imprisonment for 4 months, "said the copy of the appeal decision obtained from the Supreme Court decision page.

The appeal decision was made by the panel of judges Haryono as chairman of the panel accompanied by Sri Andini, Mohammad Lutfi, Reny Halida Ilham Malik, and Lafat Akbar respectively as members on February 24, 2021.

Previously, the panel of judges at the Jakarta Corruption Court (Tipikor) located at the Central Jakarta District Court on October 12, 2020, found Hary Prasetyo guilty of corruption in managing funds and using investment funds at PT. Asuransi Jiwasraya (Persero) and was sentenced to life.

Even though they agreed to the legal considerations of the first level panel of judges, the appellate panel of judges stated that Hary's imposition of crimes was not in accordance with the theory of conviction.

"Considering that the decision of the Central Jakarta District Court Number 31 / Pid.Sus-TPK / 2020 / PN Jkt.Pst dated 12 October 2020 can be maintained and strengthened, except with regard to crimes imposed by the Court of First Instance, which do not meet the theoretical order adopted in the system. law in Indonesia so that the High Court does not agree with the duration of the sentence stated in the decision of the Court of First Instance, "said the copy of the appeal decision.

The panel of judges at the appellate level states in the theory of punishment when a person is found guilty so that the person concerned must be convicted, the purpose of punishment is not merely retaliation with all the consequences of limited space and environment, shame and restraint for the convicted person.

"But on the other hand, it is also to provide guidance based on moral education, intellectual and legal awareness because everyone must be seen as a creature of God who has the potential to be repaired, fostered, and returned to social and social life and is expected to adapt to his social environment," said the judge.

In this case, Hary together with the President Director of PT Asuransi Jiwasraya (Persero) 2008-2018 Hendrisman Rahim, Head of Jiwasraya Investment and Finance Division 2008-2014 Syahmirwan President Director of PT Hanson International Tbk Benny Tjokrosaputro, President Commissioner of PT Trada Alam Minera Tbk Heru Hidayat and Director of PT Maxima Integra Joko Hartono Tirto committed various actions that resulted in state losses of up to Rp. 16.807 trillion in the management of PT Asuransi Jiwasraya's funds.

In connection with this case, Hendrisman Rahim, Syahmirwan, Benny Tjokosaputro, Heru Hidayat and Joko Hartono Tirto were sentenced to life.