Defendant In Rp10 Billion Fraud Sentenced To 3 Years In Prison In Ambon District Court

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AMBON - The Ambon District Court judges sentenced Josepha Kelbulan and Lambert W. Miru to three years in prison, two defendants in a continuous fraud case that made a profit of more than Rp. 10 billion.

"Sentencing the defendant to three years in prison because he was legally and convincingly proven guilty of violating Article 378 and Article 55 paragraph (1) and Article 64 of the Criminal Code," said the chairman of the panel of judges, Julianty Wattimury in the trial, quoted by Antara, Friday, November 23.

There are also things that are aggravating, especially for the defendant Josepha who was sentenced to prison because he had twice served prison terms in a similar case and did not admit his actions.

While mitigating is that the defendants were polite during the trial.

Then the defense of the legal counsel team of the defendants who asked for their client to be released was also rejected by the panel of judges.

The panel of judges in their ruling explained that the defendant Josepha, who is the chairman of the Children of the Nation 11 Foundation for Eastern Indonesia, has been operating since 2021 but only received a permit to establish a foundation from the Ministry of Law and Human Rights on March 11, 2020.

The foundation has 350 members and they are offered to participate in house of worship tenders, 145 or private tenders, and volunteer tenders and the rewards are doubled from the six donor countries.

For members who participate in the tender for houses of worship and submit Rp. 1 million, the reward is Rp. 50 million, with a record of Rp. 30 million for churches or mosques and Rp. 20 million for members.

Then those who take part in the 145 tender, if they deposit Rp. 1 million, they will get Rp. 45 million, and for members who participate in the volunteer tender to deposit Rp. 250,000, they will receive a reward of Rp. 25 million.

Delivery of cash or by bank transfer to the account number belonging to the defendant Josepha at BRI Ambon Branch totaled Rp7 billion, while deposits through Lambert Miru as the foundation's secretary were more than Rp3 billion, not including transfers of funds that are not remembered anymore.

The defendant Jospha also insisted on cutting out white paper which he said was Rp70 billion in cash given by Ela Shogu and John Brawun which would be distributed to 350 members of the foundation as compensation, where each member would be given Rp200 million.

Ela and John were named by the defendants as representatives of six donor countries for the foundation they lead.

However, witness Bidari, who deposited more than IDR 597 million to the defendant in the trial, admitted that Ela Shogu's name was fictitious and the person was the defendant himself.

Because after witness Bidari asked for Ela Shogu's contact number and contacted her, it was the defendant Josepha who picked up the phone.

The judge's decision was lighter than the demands of the Ambon Attorney General's Office team, Aristo Djohar, Junet Pattiasina, and Senia Pentury who in the previous trial asked the defendant to be sentenced to four years in prison.

In response to this decision, both the defendants through their legal advisory team and the Ambon Kejari Public Prosecutor's team expressed their thoughts and were given seven days to state their position.

Meanwhile, Public Prosecutor Aristo Johar said that the proceeds from fraud carried out by the defendants according to the investigation by the Maluku Police Directorate of Crime and Crime was only Rp. 4.5 billion, but the facts in the trial proved to be more than Rp. 10 billion.

After the trial, a victim of fraud almost clashed with one of the foundation's coordinating team because the victim was promised that if the defendant Josepha was free from the prosecution's charges, their money would be returned, but in fact the defendant was sentenced to three years in prison.