JAKARTA - The Corruption Eradication Commission (KPK) filed an appeal against the acquittal of two defendants in a corruption case in the procurement of social assistance (bansos) COVID-19 in West Bandung Regency, West Java. The two defendants who were previously acquitted by the judge are M Totoh Gunawan and Andri Wibawa.
"The team of prosecutors through the special criminal registrar for the Bandung Corruption Court, has declared the following legal remedies: stating the legal action of Cassation for the Defendants Andri Wibawa and M. Totoh Gunawan in the TPK case for procurement of emergency goods for the COVID-19 pandemic disaster at the Social Service of West Bandung Regency Government in 2020 ,” said Acting Spokesperson for Prevention Ipi Maryati to reporters, Wednesday, November 17.
In addition, the KPK also submitted an appeal memorandum for two other defendants, namely Aa Umbara and Ajay M Priatna.
"Regarding the memorandum of cassation and the memorandum of appeal, the KPK hopes that the Panel of Judges, both at the appellate level and at the cassation level, fully grants the request of the prosecutor team in accordance with the legal facts during the trial process and decides in accordance with the public's sense of justice," continued Ipi.
The Bandung Corruption Court on November 4 acquitted businessmen Totoh Gunawan and Andri Wibawa, the sons of former West Bandung Regent Aa Umbara Sutisna.
The panel of judges considered that Andri and Totoh had no evidence of committing Article 12 letter i of Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes in conjunction with Article 55 paragraph 1 of the Criminal Code.
Whereas the KPK prosecutor demanded Totoh Gunawan to be sentenced to 6 years in prison plus a fine of Rp.
Meanwhile, Andri Wibawa was sentenced to 5 years in prison plus an obligation to pay compensation of Rp. 2.6 billion.
Although it was stated that Totoh and Andri were not proven to have committed a criminal act, the same panel of judges stated that West Bandung Regent Aa Umbara Sutisna was proven to have intervened in the procurement of goods through a company owned by M. Totoh Gunawan and a company prepared by Andri Wibawa through Denny Indra Mulyawan, Hardy Febrian Sobana, and Diane Yuliandari so that they received a profit of Rp2,379 billion.
AA Umbara was also sentenced to 5 years in prison plus a fine of Rp. 250 million, subsidiary of 6 months in prison, plus the obligation to pay compensation of Rp. 2,379 billion, subsidiary of 1 year in prison.
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