JAKARTA - The decision of the DKI Jakarta High Court (PT) to cut the sentence of former Pinangki prosecutor Sirna Malasari to six years raises many questions. Not a few parties who find it difficult to digest it with legal logic. This decision is also considered to have violated the vision of eradicating corruption. One of the questions we are trying to answer is about the track record of the four judges who gave the verdict to Pinangki.
Previously, the Pinangki Prosecutor appealed the verdict of the Corruption Court judge who sentenced him to ten years in prison. The appeal was successful and reduced the number of Prosecutor Pinangki's sentences to 60 percent or to only four years. The decision was taken by the Panel of Judges, chaired by Muhammad Yusuf. While the members are Haryono, Singgih Budi Prakoso, Lafat Akbar, and Renny Halida Ilham Malik.
There are several reasons why the judge commuted Pinangki's sentence. First, Pinangki pleaded guilty and regretted his actions and was sincerely dismissed from the prosecutor's profession. Second, because of her consideration as a mother of a four-year-old toddler.
According to the judge, Pinangki deserved to be given the opportunity to care for and give love to his child in his growing period, quoted from the Supreme Court's (MA) decision page, Monday, June 14. This latest decision from PT DKI Jakarta has become a separate dynamic for the legal decisions that have been obtained by the Pinangki Prosecutor.
Looking back, the legal process against Pinangki began when he was reported to the Prosecutor's Commission by the Coordinator of the Indonesian Anti-Corruption Society, Boyamin Saiman. The case relates to an alleged meeting between the convict in the case of transfer of claim rights (cessie) of Bank Bali, Djoko Tjandra and his lawyer, Anita Kolopaking. This allegation is evidenced by a photo that has gone viral in cyberspace.
On July 30, 2020, an examination was carried out and Pinangki was removed from his position as Head of Sub-Section Monitoring and Evaluation II at the Planning Bureau of the Deputy Attorney General for the Guidance of the AGO. Reported by Kompas, the Head of the AGO Legal Information Center Hari Setiyono stated that Pinangki was proven to have committed a civil servant discipline violation, namely having traveled abroad without obtaining written permission from the leadership nine times in 2019.
The trip itself is a series of meetings to discuss the case that is currently wrapped around Djoko Tjandra. The sentence was determined through Decree Number: KEP-IV-041/B/WJA/07/2020 dated July 29, 2020 regarding the Imposition of Severe Disciplinary Sentences, in the form of release from Structural Positions.
Furthermore, Pinangki was picked up at his residence and was named a suspect on August 11, 2020. Investigators at the Directorate of the Attorney General for Special Crimes (Jampidsus) of the Attorney General's Office named Prosecutor Pinangki as a suspect in a corruption case in the form of receiving gifts or promises.
In February 2021, the panel of judges of corruption in Central Jakarta found Pinangki guilty with a sentence of 10 years in prison and a fine of Rp 600 million, subsidiary of 6 months in prison. Not accepting the decision, Pinangki's attorney registered an appeal on February 15, 2021. The appeal made by Pinangki was also accompanied by a request for an appeal made by the Public Prosecutor.
From the results of the appeal made by Pinangki and his legal counsel, Pinangki finally managed to get a very drastic commutation of sentences and reap a lot of criticism in the community, especially for the judge's actions which are considered to hurt the legal sense and the hearts of the Indonesian people.
Harassment of public reasonIn Pinangki's article Relieved for Her Role as a Mother, Rismaya Breastfeeds Her 10-Month Baby in Prison, it is explained that the trimming of the sentence for the former Pinangki Prosecutor seems to insult public reason. This opinion was expressed by a researcher from Indonesia Corruption Watch (ICW), Kurnia Ramadhana. He denied the decision given by Judge Muhammad Yusuf, should as a law enforcer, Prosecutor Pinangki deserve a heavier sentence. "Because the crimes committed by Pinangki are far beyond the arguments of the panel of judges," said Kurnia, June 16, 2021.
The judge's attempt to use the reason for the relationship between a mother and a 4-year-old child was considered irrational. Because in truth, the verdict must pay attention to aspects of the orientation of the act and the impact caused by the Pinangku crime, especially related to the failure of law enforcement to maintain its integrity.
Pinangki is considered to have made a big mistake because as a prosecutor, he committed bribery, money laundering, and conspiracy. This can be seen from the history of the prosecution of prosecutors involved in corruption cases.
The involvement of prosecutors in corruption cases is not the first time. According to ICW data quoted by Sindonews, around 22 prosecutors were recorded as having been involved in corruption cases in the 2015 to 2020 range. The involvement of the 22 members of the Adhyaksa Corps can be seen from the various cases being handled by the KPK, the police, and the attorney general's office itself. As for the biggest sentence, perhaps we still remember the verdict of 20 years in prison against Prosecutor Urip Tri Gunawan in 2008. He was proven to have accepted bribes in the handling of the Bank Indonesia Liquidity Assistance (BLBI) case.
Getting to know the Pinangki judgeLaunching the pt-jakarta.go.id page, the Head of the Pinangki Appeals Panel of Judges named Muhammad Yusuf, SH, M. HUM, Yusuf has the rank of Main Pembinaa IV/e who is poor across the positions of the attorney general at the regional level such as the High Court Judge High Court of South Kalimantan and Chairman of the Kendari District Court. Furthermore, the judges in the appeal case for the Pinangki bribery case are Haryono, Singgih Budi Prakoso, Lafat Akbar, and Reny Halida Malik.
Haryono is a High Court Judge serving at the DKI Jakarta High Court. Haryono's name previously circulated in the mass media after lightening the verdict of the former Finance Director of PT Asuransi Jiwasraya, Hary Prasetyo. As the presiding judge in the appeal hearing filed by Hary's attorney, Haryono found Hary guilty of state losses due to Jiwasraya's investment in stocks and mutual funds that cost the state Rp 16.6 trillion.
Haryono sentenced Hary to 20 years in prison and a fine of Rp. 1 billion, subsidiary to six months in prison. The verdict is lighter than the verdict of the Corruption Court on October 26, 2020, which sentenced Hary to life imprisonment and a fine.
Next is Singgih Budi Santoso, a high judge serving at the DKI Jakarta High Court. According to our investigation, there is news about the case involving Singgih. One of them was in 2013, as reported by detik.com, Singgih, who was then chairman of the Bandung District Court, was promoted as a high judge at the Makassar High Court. According to information provided by the former deputy chairman of the Bandung District Court, Setyabudi Tejocahyono, he received a bribe of 15 thousand US dollars from a corruption convict who is also the former mayor of Bandung, Dada Rosada.
Singgih is said to have received bribes from Dada Rosada and Edi Siswadi. However, as reported by Tribunnews, Singgih testified in the follow-up trial of the Bandung City Bansos Corruption Fund on October 31, 2013 and stated that he was not involved and received money from the defendant Setyabudi Tejocahyono.
Meanwhile, Lafat Akbar is known for his role as a judge in reducing the sentences of defendants in buying and selling cases at the Ministry of Religion (Kemenag) in 2020. PT DKI Jakarta reduced the sentence of the former chairman of PPP, M. Romahurmuziy, to one year in prison and a fine of Rp. 100 million subsidiary. three months imprisonment. Previously on January 20, 2020, Romahurmuziy was sentenced to 2 years in prison and a fine of Rp. 100 million subsidiary to 3 months in prison by a judge at the Jakarta Corruption Court.
For the last member judge, Reny Halida Malik is a high judge who served at PT DKI Jakarta. Reny is known as one of the candidates for female Supreme Court justices in 2017. Reny has also overseen several corruption cases, such as the trial of the former Head of the Indonesian Bank Restructuring Agency, Syafruddin Arsyad Temenggung in the BLBI case.
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