NTB Prosecutor's Office Thinks About Appeal Of Light Decision 2 Defendant Of Exploitation Of Gili Trawangan Water

NTB - The West Nusa Tenggara (NTB) High Prosecutor's Office (Kejati) plans to appeal a light sentence of one year in prison against William John totaling and Samsul Hadi accused in the case of exploitation of water resources in Gili Trawangan.

"Currently we are still thinking about it, but judging from the verdict last Thursday (October 31), we will most likely file an appeal," said NTB Attorney General Efrien Saputera by telephone in Mataram, Friday.

He conveyed that the decision of the first instance court which was read out by the Mataram District Court (PN) panel of judges, Thursday, October 31, was still far from the demands of the public prosecutor (JPU).

When viewed from the decision stating that the actions of the two defendants were proven to have violated the indictments of the three public prosecutors which described Article 70 letter d in conjunction with Article 49 paragraph (2) and paragraph (1) of Law of the Republic of Indonesia Number 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation, the sentence is the lowest penalty.

In fact, when compared with the impacts caused by and the receipt of profits of up to billions of rupiah from the management of drilling wells without such permits, the state received quite a lot of losses.

"So, we from the prosecutor assess that this decision is still far from a sense of justice," he said.

William John airbagai merupakan warga negara asing (WNA) yang menjabat sebagai Direktur PT Berkah Air Laut (BAL). Perusahaannya bekerja sama dengan BUMD NTB, yakni PT Gerbang NTB Emas (GNE). Samsul Hadi yang menjadi terdakwa dua adalah Direktur PT GNE sebagai pihak yang bertanggung jawab at sama tersebut.

From the verdict read by the panel of judges with the presiding judge Lalu Moh. Sandi Iramaya together with members Isrin Surya Kurniasih and Ida Ayu Masyuni, also imposed a fine of Rp. 1 billion, subsidiary to three months in prison for the two defendants.

The judge in the decision also determined that the two defendants remain in the city's detention status. For the confiscated evidence in the form of two of the three points where the ground water drilling was in the Gili Trawangan area, it was requested to be confiscated by the state.

This includes seizing all operational support facilities from drilling activities without a permit.

The judge in the verdict stated that the defendant William John aired has been proven to have committed a criminal act by intentionally providing clean water without a permit to try in the period November 2019 to October 2022.

Against Samsul Hadi, the judge stated that the defendant's actions as director of the NTB Regional Owned Enterprise (BUMD) had been proven to have committed a criminal act by deliberately giving William John promise as Director of PT BAL to run a business without obtaining a valid business license according to government regulations.

The public prosecutor previously demanded to charge the two defendants of exploitation of water resources in Gili Trawangan to pay a fine of Rp. 5 billion, subsidiary to 6 months in prison.

For the main sentence, the prosecutor demanded that the judge impose a sentence of 6 years in prison for the defendant William John▁Cinta as Director of PT Berkah Air Laut (BAL) and 5 years to Samsul Hadi, Director of PT Gerbang NTB Emas (GNE).

The prosecutor conveyed these demands by stating that the two defendants did not support the government's efforts in the natural conservation program in Gili Trawangan and had enjoyed the results of exploitation activities without permission from the government.

For the defendant John aired, the prosecutor demanded that the judge punish the defendant in violation of Article 68 letters a and b of Law Number 17 of 2019 concerning Water Resources.

The prosecutor saw that John Allah's actions as Director of PT BAL had been proven to have committed a criminal act of exploiting water resources which resulted in damage to water sources or causing water pollution or water damage in Gili Trawangan.

For the defendant Samsul Hadi, the prosecutor demanded that the judge punish the defendant in violation of Article 68 letters a and b of Law Number 17 of 2019 concerning Water Resources in conjunction with Article 56 paragraph (2) of the Criminal Code.

In accordance with Article 56 paragraph (2) of the Criminal Code, the prosecutor stated that Samsul Hadi helped William John aired in the criminal act.

In addition, the prosecutor in charge asked the judge to decide that the two defendants should serve the detention of the detention center.

All operational facilities for groundwater management activities resulting from the collaboration between PT BAL and PT GNE are requested to be confiscated by the state and some of them such as power houses being auctioned to be used as a cost of rehabilitation and natural conservation.

The prosecutor also asked that the two drilling wells belonging to PT BAL be closed by the Ministry of Energy and Mineral Resources (ESDM).