One Defendant Of North Lombok Tsunami Shelter Corruption Files Exception On Indictment Of KPK Prosecutors

JAKARTA - Defendant Aprially Nirmala in the corruption case of the North Lombok tsunami shelter construction project filed an exception on the indictment of the public prosecutor (JPU) of the Corruption Eradication Commission (KPK) which was read out in the inaugural trial at the Corruption Court at the Mataram District Court (PN), Wednesday, January 22.

"This case is currently being [conducted] with the NTB Regional Police, yes. Until now, there has been no clarity, but suddenly it has been taken over again by the KPK. Maybe that's the only place we have excluded," said the attorney for the defendant Aprially Nirmala, Aan Ramadhan who was met after attending a trial at the Corruption Court at the Mataram District Court, NTB, confiscated by Antara.

He ensured that his party as legal counsel for the defendant Aprialely Nirmala had tried to find information regarding the status of handling similar cases that were running at the NTB Police.

"Until today there is no clarity regarding the handling at the NTB Regional Police," he said.

Aan ensured that his party had not found any official letter evidence regarding the termination of the investigation at the NTB Regional Police, but only limited to a notification letter on the progress of the investigation results (SP2HP) which was published last on May 9, 2016, stating that there was no state loss.

"So, those at the NTB Regional Police were not yet in SP3 (the order to terminate the investigation), only at SP2HP," he said.

Therefore, as part of the need for exception material at the follow-up hearing on Friday, January 31, Aan emphasized that his party would officially write to the NTB Police to ask for an explanation regarding the status of handling the case.

"Later we will follow up with the regional police, maybe we will write a letter, we will ask the process at the regional police, and the plan, we will show it in the exception," he said.

In the agenda of reading the indictment, two defendants Aprialely Nirmala and Agus Herijanto were present.

The KPK public prosecutor (JPU) in his indictment stated that the defendant Apriarily Nirmala as the project commitment maker (PPK) official from the Ministry of PUPR RI had changed the detailed design of the project prepared by BNPB as the planner without going through technical ratification and verification.

Meanwhile, the defendant Agus Herijanto's criminal act as the project implementer is to carry out the work by referring to the detailed design that has been changed Aprially Nirmala.

The prosecutor also mentioned that Agus Herijanto also made incorrect expenditure accountability reports.

As a result of the change in the design, the findings of construction experts emerged regarding the decline in building material specifications that were not in accordance with the planned construction of earthquake and tsunami buildings with the ability to withstand earthquakes at 9 on the Richter (SR) scale.

By outlining the criminal acts of the two defendants, the public prosecutor in the indictment charged Apriarily Nirmala and Agus Herijanto with committing and participating in the corruption crime in project work in 2014 which resulted in state financial losses of Rp. 18.4 billion.

Therefore, the public prosecutor charged the two of them with violating Article 2 paragraph (1) or Article 3 of the Republic of Indonesia Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law of the Republic of Indonesia Number 20 of 2001 in conjunction with Article 55 paragraph (1) of the 1st Criminal Code.

After hearing the reading of the indictment, the defendant Aprially Nirmala through his legal advisor filed a memorandum of objection or exception on the prosecutor's indictment.

The defendant Agus Herijanto has not stated the same thing, but asked the panel of judges to study the prosecutor's indictment first.

After hearing the response, the panel of judges gave the two defendants the opportunity to submit an exception in the agenda for the follow-up trial which was set for Friday, January 31.