Two defendants in the case of alleged fictitious procurement in the 2022-2023 housing project, Herry Nurdy Nasution and Didik Mardiyanto, were sentenced to prison terms of 2 years and 3 years respectively.
Presiding Judge I Wayan Yasa stated that the two defendants were proven to have managed funds personally outside the books by issuing company funds using fictitious goods and services procurement.
"Declaring the defendants to be legally and convincingly proven guilty of committing corruption, as in the second indictment," said the Chief Justice in the reading of the verdict by the panel of judges, at the Corruption Court at the Central Jakarta District Court, Tuesday, May 5, reported by ANTARA.
In addition to the body penalty, the panel of judges also sentenced the two defendants to a fine of Rp. 200 million each, with the provision that if it is not paid, it will be replaced (subsider) with a prison sentence of 80 days.
Especially Didik Mardiyanto, he was also given an additional penalty in the form of payment of compensation of Rp. 8.99 billion, a sub-sentence of 2 years and 6 months in prison.
The presiding judge explained that the fictitious procurement was carried out by the two defendants in the housing development project, one of which was the construction of smelterferonikel in Kolaka Regency, Southeast Sulawesi.
Then, the Mines of Bahodopi Block 2 and 3 project for PT Vale Indonesia Tbk in Morowali Regency, Central Sulawesi, Sulut-1 Coal FSPP, FSPP Portsite, Mobil Power Plant Package 7 and 8, Bangkanai GEPP 140MW 0, and Manyar Power Line.
The fictitious procurement was proven to enrich a number of parties, namely Didik Mardiyanto by Rp35.33 billion, Herry by Rp10.8 billion, and Director of PT Adipati Wijaya Imam Ristianto by Rp707 million, thus causing a loss of state finances of Rp46.85 billion.
Thus, the two defendants were proven to have violated Article 604 juncto Article 20 letter c jo. Article 126 paragraph (1) of the National Criminal Code jo. Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended and supplemented by Law Number 20 of 2001.
Before passing the verdict, the panel of judges considered several aggravating and mitigating factors.
The situation is burdensome, namely the actions of the defendants are contrary to the government's efforts in eradicating corruption and lowering public confidence in SOEs.
Meanwhile, the mitigating circumstances considered were that the defendants were polite in the trial and had family responsibilities.
"After considering the aggravating and mitigating circumstances, the verdict was considered close to the sense of justice," said the Chief Justice.
The verdict handed down by the panel of judges was lighter than the prosecutor's demand. Previously, Herry and Didik were each sentenced to 3 years and 5 years in prison, respectively, and a fine of Rp. 200 million, with 1 year in prison.
However, for the substitute money penalty, the amount imposed remains the same, even though the prison sentence is slightly heavier.
Didik Mardiyanto is required to be sentenced to pay compensation of Rp. 36.03 billion, reduced by a return of Rp. 27.04 billion, so that the remaining amount to be paid is Rp. 8.99 billion subsider imprisonment for 1 year and 6 months.
Meanwhile, Herry is required to be charged with a substitute money of IDR 10.8 billion, reduced by the return of a number of these amounts, so that Herry is no longer burdened with paying substitute money.
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