Judge Set State Losses In Corruption Case At Besitang-Langsa Train Hall Rp30.88 Billion

The Jakarta Corruption Court (Tipikor) Panel of Judges has determined state losses from the alleged corruption case of the Besitang-Langsa Railway construction project at the Medan Railway Engineering Center from 2017 to 2023 amounting to Rp30.88 billion.

Judge Chairman Djuyamto revealed that the state losses were calculated by the Panel of Judges because his party did not agree with the calculation of state losses by the Financial and Development Supervisory Agency (BPKP) amounting to Rp1.15 trillion in the public prosecutor's indictment.

"The state financial loss in this case cannot be calculated in total, such as the BPKP calculation because the work has actually been carried out," said Djuyamto in a hearing reading the verdict at the Jakarta Corruption Court, Antara, Monday, November 25.

According to the judge, if the construction work of the Besitang-Langsa railway line at the Medan Railway Engineering Center from 2017 to 2023 is still calculated in total loss or total loss on the basis that cannot be utilized or operationalized, the Panel of Judges is of the opinion that the state has committed unfair acts and took illegal advantage of the defendants.

The reason, said the judge, was that the work had been carried out by the defendants and the goods installed were also purchased using money from the payment of the work on the construction of the Besitang-Langsa railway line.

The presiding judge explained that the legal facts were revealed in the trial, so that his party calculated the amount of state losses arising in the case, as stipulated in the 6th Circular Letter (SE) of the Supreme Court (MA) Number 4 of 2016.

"This letter states that in certain cases, judges based on the facts at trial can assess state losses and the amount of state losses," said the presiding judge.

As for the trial for reading the verdict, there were four defendants who were sentenced by the Panel of Judges, namely the Head of the North Sumatra Region Railway Engineering Center for the 2016-2017 period, Nur Setiawan Sidik, and the Head of the North Sumatra Regional Railway Engineering Center for the 2017-2018 period, Amanna Gappa.

Then, Team Leader Expert PT Dardella Yasa Gunawan Arista Gunawan and Beneficial Owner from PT Tiga Putra Mandiri Jaya and PT Mitra Prasarana Freddy Gondowerojo.

Nur Setiawan and Amanna were sentenced to four years and four years and six months in prison, each with a fine of Rp250 million, subsidiary to three months in prison, and additional punishment in the form of compensation of Rp1.5 billion, subsidiary to one year in prison and Rp3.29 billion, subsidiary to two years in prison.

Meanwhile, Arista and Freddy were sentenced to four years and four years and six months in prison each and a fine of Rp. 250 million, subsidiary to three months in prison. Special Freddy, also imposed additional penalties in the form of compensation of Rp. 1.53 billion, subsidiary to one year and six months in prison.

The Panel of Judges decided that the four defendants had been legally and convincingly proven guilty of committing a criminal act of corruption together as the primary indictment.

Thus, the fourth act was proven to have violated Article 2 paragraph (1) in conjunction with Article 18 of Law (UU) Number 31 of 1999 concerning the eradication of criminal acts of corruption as amended by Law Number 20 of 2001 jo. Article 55 paragraph (1) of the 1st Criminal Code (KUHP).