JAKARTA - The corporate defendant, PT Acset Indonusa, was sentenced to a fine of Rp. 350 million related to the alleged corruption case for the construction of the Sheikh Mohammed bin Zayed (MBZ) Japek II Elevated Road of Cikunir-Karawang Barat toll road.
Presiding Judge Lucy Ermawati stated that the company was proven to have enriched itself by Rp179.99 billion through the Waskita Acset operational cooperation (KSO) in the case, thus causing damage to state finances.
"Declaring the defendant to be legally and convincingly proven guilty of committing a corruption crime together, as charged in the primary indictment," said the Chief Justice when reading the verdict in the Corruption Crime Court (Tipikor) at the Central Jakarta District Court, Wednesday, June 17.
The presiding judge emphasized that if PT Acset does not pay the fine within 1 month after the decision of the panel of judges with the force of law, then the property belonging to the defendant corporation can be confiscated and auctioned to cover the fine.
In the event that the corporate wealth or income is insufficient to pay the criminal fine, the corporation is subject to a substitute penalty in the form of freezing part or all of its business activities.
In addition to the fine, the Chief Judge also imposed an additional penalty in the form of payment of compensation for state financial losses enjoyed by the corporation of IDR 179.99 billion.
The payment takes into account the refund of the amount of substitute money that has been deposited and deposited into the government's seizure fund account.
Thus, PT Acset was found guilty of violating Article 603 of the National Criminal Code in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended and supplemented by Law Number 20 of 2001 jo. Article 55 paragraph (1) of the Criminal Code.
The Chief Judge said that the enrichment of the corporation occurred in the construction work (design and build) of the Jakarta - Cikampek II Elevated Road Cikunir to Karawang Barat (Stationing/STA 9+500 to STA 47+500).
As a result of the action to enrich the corporation with a value of IDR 179.99 billion, PT Acset was proven to have harmed the state's finances in total by IDR 510.08 billion together with several other parties in the case.
Before passing the verdict, the panel of judges considered several aggravating and mitigating circumstances. The aggravating circumstance is that the corporate defendant did not support the government in the effort to eradicate corruption.
Meanwhile, the mitigating factors that were considered were that the corporate defendant through its representative was polite, did not twist and turn in giving information, and voluntarily returned the results of the criminal act.
"In addition, it is also considered that the company is still running and there are still many employees who work and depend on their lives," said the Chief Judge.
The verdict handed down by the panel of judges was lighter than the prosecutor's demand, namely the previous demand for a fine of Rp. 750 million and compensation of Rp. 179.99 billion.
By Agatha Olivia Victoria
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