JAKARTA - The Jakarta High Court (PT) panel of judges has increased the verdict of all defendants in the alleged tin corruption case, including Harvey Moeis and Helena Lim. Professor of Law at Padjadjaran University, Romli Atmasasmita, considered the decision a miscarriage of justice or a misguided decision.
The opinion was conveyed because there were irregularities in the legal considerations taken by the panel of judges.
"There was no proven bribery and no gratification. State losses in the court's decision were not real losses (actual loss), but Harvey Moeis' sentence was actually increased to 20 years in prison and compensation of Rp420 billion. This is not appropriate," said Romli, Thursday, February 14.
Romli, who is also the designer of the Corruption Crime Law (Tipikor), said that the Rp420 billion replacement money charged to Harvey Moeis was not equipped with strong evidence.
In addition, the charges of conspiracy between Harvey Moeis and other defendants were also considered unproven during the trial.
"The replacement money was proven not to be accepted by Harvey Moeis. The value of Rp420 billion was also not supported by strong evidence," he said.
The criminal act of corruption in this case is normatively based on Law no. 31 of 1999 is not a criminal act of corruption. Violations of the Mining Law are not strictly regulated as a criminal act of corruption," continued Romli.
The sentence against Harvey Moeis was also considered disproportionate. Based on the facts of the trial, Sandra Dewi's husband was not the mastermind in the alleged tin corruption case.
"This shows that Harvey Moeis is considered an intellectual actor, even though the facts of the trial prove otherwise," said Romli.
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According to him, Harvey Moeis himself is not a state administrator or director of PT Timah. He was only involved in the smelter rental contract and work contracts with residents around the mine, who incidentally are not illegal miners but have hereditary heritage.
"Harvey Moeis was charged with the article on participation (Article 55 of the Criminal Code), even though he did not have the role of an intellectual actor," added Romli.
Meanwhile, Helena Lim, who only acts as a money changer entrepreneur, is subject to additional penalties in the form of paying compensation to the defendant in the amount of Rp900 million.
"Helena and Harvey Moeis have absolutely no mens rea (evil intention) to cause state financial losses of Rp. 317 trillion. The loss is only based on BPKP estimates that are contrary to the State Finance Law, the State Treasury Law, and the State Financial Management Audit Law," said Romli.
On the other hand, the Expert for Procedural Law Studies at the Faculty of Law, University of Indonesia, Yoni Agus Setyono, assessed that this case should be resolved through civil channels, not corruption.
"The state losses in this case are still being debated. The right solution is through a civil lawsuit, not a corruption case," said Yoni.
According to Yoni, the 2009 Environmental Law gives the government the authority to file a civil lawsuit against other legal subjects, including citizens and legal entities.
This is the first time the government has a legal standing to file a civil lawsuit. The calculation of the loss has also been regulated in the 2014 Environment Minister Regulation," he explained.
Yoni explained that if the goal is to recover state losses due to the environmental impact caused by tin trading in the PT Timah IUP area, the civil route is more likely. Especially if the value of state losses is still unclear and is still being debated.
"If the loss is not clear, why bring it to a corruption crime? This is wrong. Never mind 20 years, even a 6.5-year sentence is not appropriate," he said.
Therefore, Yoni suggested that further legal remedies be made. The legal team can file an appeal through the Supreme Court (MA)
"The Supreme Court can still cancel this decision if you look at it completely from the cassation memory. If it violates the environment, it must be seen based on the Environmental Law, not the Anti-Corruption Law," he said.
He also said that with a civil route, the tangled thread of this case could be unraveled until he found out who should be responsible for the environmental losses arising from mining activities.
"Pertata bisa melibatkan semua pihak, baik pemilik lama (perusahaan) maupun baru. Ini lebih adil dan sesuai dengan aturan yang berlaku," pungkas Yoni.
Meanwhile, the verdict handed down by the DKI Jakarta High Court against Harvey Moeis was heavier than the decision of the Central Jakarta District Court which was 6.5 years in prison.
In addition to increasing Harvey Moeis' sentence to 20 years in prison, Harvey was also required to pay a fine of Rp. 1 billion, subsidiary to 8 months in prison. Not only that, he was charged with the obligation to pay compensation of Rp. 420 billion.
The same applies to Helena Lim. Her sentence was increased from 5 years to 10 years. Helena was also fined IDR 1 billion.
Both are said to have been proven guilty of corruption and money laundering together which caused state losses of Rp. 300 trillion.
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