JAKARTA - The Institute for Legal Studies and Judicial Systems of the Faculty of Law at the University of Indonesia (FHUI) assessed that the 15-year prison sentence against Muhammad Kerry Adrianto Riza as the beneficial owner of PT Navigator Khatulistiwa could be overturned at the appeal level. This assessment arose because the legal considerations in the Jakarta Corruption Court's decision were considered insufficient.
This was conveyed by Flora Dianti as one of the examiners in the dissemination of the examination of the verdict on the alleged corruption in oil governance entitled 'Breaking the Criminal Limits of Corruption in Business Decisions' held by the Faculty of Law, University of Indonesia at the UI Campus, Depok, Tuesday, May 26.
"Consider that this verdict does not apply fair trial and also explore evidence, impartial judges, and also equal opportunity, yes. I conclude this. Therefore, this verdict should be canceled," said Flora, quoted Wednesday, May 27.
Flora said that the consideration of the judge who is not enough can be the basis for filing an appeal or cassation. In fact, this condition is said to open up room for the Jakarta High Court to cancel the verdict and try the case itself.
"Yes, in fact, according to the Criminal Procedure Code, the criminal procedure law itself guarantees legal action, whether it is an appeal or cassation. Moreover, it has been conveyed that there are all facts on the table or the judge's consideration is not enough. This can be the basis for the reason for appealing or cassation, yes, or also the reason for canceling the decision so that the cassation judge will try it himself," he said.
Another possibility, continued Flora, is that the abolition or rehabilitation mechanism can also be given if serious problems are found in the legal process of the case.
"Is it really necessary to intervene with the abolition, rehabilitation," he said.
Flora emphasized that legal efforts such as appeals and cassations arise due to a lack of confidence in the integrity of judges in assessing evidence. Therefore, the panel of judges at the appeal level is expected to be independent.
Moreover, there are many considerations that are felt to be insufficient to be legally flawed during the trial process at the Corruption Court. "The evidence is enough to file a legal action, cancel the verdict, then the judge re-examines it," he said.
"It must then consider all aspects, considering all the rights that are then guaranteed by law, so that there is no unfair trial like that," continued Flora.
Meanwhile, legal practitioner Febri Diansyah assessed that the case that ensnared Kerry Riza did not fall within the realm of corruption. "Even if there is a problem in business, then it should be resolved in the realm of business," said the lawyer.
Febri said he did not find any kickbacks or personal benefits received by the Pertamina directors in the case. Matters concerning the import of crude oil, refinery products to ship rentals should not be resolved with a mechanism of criminal corruption.
"Even if there is a violation, even if there is, there is a procedural violation there, then the decision should be able to be lifted," said the former KPK Spokesperson.
"And it has often been done, for example, in the case of Pertamina, another case is the case of Bu Karen (former President Director of PT Pertamina, Karen Agustiawan), when in the Supreme Court he managed to correct this, yes, it was said that the act was not in the realm of criminal acts so that he was sentenced to release. Well, that's the hope that I think is very important, yes, don't let cases like this happen again in the future," he continued.
In the future, Febri hopes that the Jakarta High Court will not merely carry out formalities before the case that ensnared Kerry rolls to the Supreme Court (MA). A thorough review of the legal facts must be carried out.
"Before going to the Supreme Court, of course in the PT (High Court) it should be as a judex facti more open to reassessing the existing legal facts. So that the process of examining several witnesses or new evidence is not seen as just a formality," he said.
He emphasized that the appeal process must be a space for the search for material truth that is independent and impartial.
"If they dare to decide independently and impartially in this high court ruling, so they do not see the power factor behind this case if there is, then it is a very big appreciation from all of us to the honorable panel of judges," concluded Febri.
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
