Harvey Moeis Cs' Verdict Is Increased, Legal Counsel: Death Of Rule Of Laws

Harvey Moeis' attorney, Junaedi Saabih, assessed that the decision of the Jakarta High Court which increased the verdict of Harvey and other defendants in the alleged corruption case indicated the death of the rule of law in Indonesia or the legal principle stating that the state must be ruled by law and not just a political decision or an official.

The Jakarta High Court is known to have increased the verdict of all defendants in the alleged tin corruption case, including Harvey Moeis.

"The rule of Laws has passed away on Thursday, February 13, 2025, after the release of a leak of the decision of the High Court on the appeal filed by the Public Prosecutor against the decision of the Central Jakarta District Court," Juanedi said in his statement, Friday, February 14.

It was said that the decision was deemed to have violated legal rules. For example, regarding the confiscation of evidence, the defendant Helena Lim whose value exceeds the nominal value of replacement money.

"Helena's replacement money is 900 million. The confiscated goods exceed its value, this violates legal rules," he said.

Junaedi also said that legal principles and ratios should not be defeated by indiscriminate considerations of populism.

"Please pray that the law can be re-established and the legislative ratio cannot be defeated by the populist ratio. Moreover, legal acrobatics for the use of the wrong legal provisions are disobedience to legality," he explained.

Until now, the court has not been able to prove the truth of claims of environmental losses included as state losses worth Rp300 trillion, including no findings of bribes and gratuities.

Therefore, Junaedi questioned the consideration of the DKI Jakarta High Court which increased Harvey's sentence from 6.5 years to 20 years.

"There is no bribe, no gratification. There is no bribery case, no actual loss, let alone BUMN losses, not state losses," he said.

Regarding the value of a fine of Rp. 1 billion, a subsidiary of 1 year in prison for former President Director of PT. Timah Mochtar Riza Pahlevi, Junaedi argued, the imposition of additional punishment or fine should be based on factual calculations or book values, which are calculated on the basis of the amount enjoyed by Riza during the smelter cooperation process.

According to him, BPKP has never carried out an in-depth calculation of this matter. Moreover, the calculation of state losses carried out by BPKP is not based on a balance of profit or loss.

"What is calculated is only the amount of PT Timah's expenditure in the smelter cooperation without ever calculating how much is produced from tin sales resulting from smelter cooperation," he said.

In PT Timah's annual report, he continued, sectorally from the smelter cooperation posted a profit of IDR 233 billion.

"Then where does the calculation of state losses come from? Let the children accounting for the first semester answer who know how to balance profits or losses," said Junaedi.

Previously, the Jakarta High Court Panel of Judges decided to increase the sentence for the defendant Harvey Moeis to 20 years in prison in a case of alleged tin corruption.

"The defendant HM has been sentenced to 20 years," said the judge during a trial at the Jakarta High Court, Thursday, February 13.

In addition to criminal sanctions, Harvey Moeis was also sentenced to a fine of Rp. 1 billion, subsidiary to 8 months in prison.

Harvey Moeis, who was legally found guilty and convincingly committed a criminal act of corruption together and a joint TPPU as the first primary and second primary charges, was also sentenced to pay compensation. The value reaches Rp420 billion.

Meanwhile, Helena Lim or known as crazy rich Pantai Indah Kapuk (PIK) was sentenced to 10 years in prison.

The decision to increase the criminal sanction was made because Helena Lim, who is the owner of the PT Quantum Skyline Exchange, was declared legally and convincingly guilty of committing a criminal act of corruption together and a crime of money laundering or money laundering.

In addition to criminal sanctions, Helena Lim was also sentenced to a fine of 1 billion, provided that if she was not paid, she would be replaced with imprisonment for 6 months.

"Imposing an additional penalty in the form of payment of replacement money to the defendant amounting to Rp900 million," said the judge.