Prosecutor's Efforts To Appeal Light Sentences 2 Defendants Of Exploitation Of Water In Gili Trawangan Baru Limited To Discourse

JAKARTA - Two defendants, one of whom is a foreign national (WNA) in the case of exploitation of water resources in Gili Trawangan, West Nusa Tenggara (NTB) filed an appeal against the Mataram District Court (PN) decision.

The two defendants were the Director of PT Gerbang NTB Emas (GNE) Samsul Hadi and Director of PT Berkat Air Laut (BAL) William John Maritime Affairs were previously sentenced to 1 year in prison by the Mataram District Court.

Mataram District Court spokesman Kelik Trimargo said the appeal was limited to a statement that it had not been officially submitted to a high court.

"We have just declared an appeal, we have not received any memory," he said in Mataram, Thursday, November 7.

Kelik added that the public prosecutor (JPU) of the NTB High Prosecutor's Office (Kejati) who previously admitted to filing an appeal was only a statement.

"The two defendants and the public prosecutor stated," said Kelik.

Kelik said that the executor prosecutor had not been able to execute the Mataram District Court's decision against the two defendants in this case because the decision had not yet had legal force considering that appeal efforts could still be submitted.

Previously, the Spokesperson for the NTB Prosecutor's Office, Efrien Saputera, said that the Public Prosecutor planned to file an appeal against the decision against the defendants William John airing and Samsul Hadi.

He said that his party felt that the criminal decision read by the Mataram District Court Panel of Judges, Thursday, October 31, was still far from the demands of the public prosecutor.

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 No. 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law no. 2 of 2022 concerning Job Creation, the sentence is the lowest criminal threat.

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," said Efrien.

William Johnur sebagai terdakwa satu dalam perkara ini merupakan warga negara asing yang menjabat sebagai Direktur PT BAL. Perusahaannya bekerja sama dengan BUMD NTB, yakni PT GNE.

For the second defendant, Samsul Hadi is the Director of PT GNE who took on the role of the person in charge of the cooperation with PT BAL.

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, the two defendants were also sentenced to a fine of Rp. 1 billion, subsidiary to 3 months in prison.

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.

The judge also asked the state to seize all operational support facilities from drilling activities without the 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.

Previously, the prosecutor in charge of charging the two defendants to exploit water resources in Gili Trawangan paid a fine of Rp. 5 billion, a subsidiary of 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 cap as Director of PT Berkah Air Laut (BAL) and 5 years against 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 was helping John airing 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 supporting 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).