The Convict In The Asabri Case Proposes PK: 16-Year-Old Prison Is The Same As The Death Penalty

JAKARTA - Adam Rachmat Damiri convicted of corruption in the management of PT Asabri (Persero) funds said the 16-year prison sentence handed down at the cassation level was like the death penalty. Therefore, he filed a legal review (PK) other than because he felt he was not involved in this fraudulent practice.

"The PK applicant (reconsideration) is sentenced to 16 years in prison, which is like the death penalty for PK applicants because when the PK applicant was sentenced to the cassation level he was 74 years old," said Adam Damari's attorney during a trial at the Central Jakarta District Court, Thursday, November 6.

The PK was also filed because Adam's attorney assessed that the panel of judges at the Supreme Court who handled the cassation did not carefully calculate state losses.

This is because state losses, which were said to have started in 2009, actually occurred in 2012-2019 according to the results of the investigation by the Supreme Audit Agency (BPK).

"That the loss to PT Asabri allegedly occurred in 2012 to 2019 according to the BPK RI investigative report dated May 17, 2021, it was very contradictory if the opinion of the Supreme Court on the level of cassation which calculated state losses began in 2009. In fact, in 2009 there was no placement of shares or mutual funds," he said.

Adam Damiri's attorney also attached evidence from legal facts at the first instance trial. One of them said that his client did not directly participate in determining the stock and mutual fund investment portfolio.

"Because the PK applicant has never committed an act in the form of agreeing with other parties and giving approval for the intended investment placement," said the attorney.

"Thus, the legal consideration of the first level decision clearly contradicts the opinion of the panel of judges at the cassation level," they continued.

As for the petitum, the attorney asked the panel of judges to declare Adam Damiri not proven guilty of corruption in the Asabri case, freeing and rehabilitating Adam Damiri from all lawsuits.

They also asked the judge to order the public prosecutor to return the personal goods that had been confiscated and replace them from Rp17,972,600,000.