Pleidoi Lawyer Heru Hidayat Asabri Corruption Accused: Demands For The Death Penalty Are Unfounded

Heru Hidayat/DOK VIA ANTARA

JAKARTA - The lawyer for the accused Asabri corruption case, Heru Hidayat, asserted that the demand for the death penalty submitted by the public prosecutor was unfounded. The prosecutor in the indictment never included Article 2 paragraph 2 which stipulates the death penalty.

"Even though it is clear that the indictment is a reference and limitation in the trial of this case as is the Criminal Procedure Code," said member of Heru Hidayat's lawyer, Kresna Hutauruk in a legal advisory plea read at the Jakarta Corruption Court, Monday, December 13.

In addition, the team of lawyers highlighted the prosecutor's demands regarding the repetition of the crime that Heru Hidayat said was committed. The lawyer asserted that this was unfounded or wrong.

"Because the time frame for this case is 2012-2019, before Pak Heru was convicted in the AJS case, what is meant by repetition of a crime is a crime committed after someone is sentenced, so it is clear that this case is not a repeat of a crime," continued Kresna.

He said a number of legal experts explained that the demand for the death penalty could not be applied to Heru Hidayat. Apart from the fact that the article that regulates the criminal threat was never included in the indictment, Heru Hidayat's actions were not included in the qualification for repeating a crime.

In the plea, the legal advisor emphasized that his client had never given or promised anything to Asabri.

"So it is clear that there is no malicious intent from Pak Heru or the Asabri Party in this case. As we all know, the corruption case is synonymous with bribery or gratification, while in this case Pak Heru has been proven not to have done this," he continued.

Meanwhile, regarding Heru Hidayat, who is believed by the prosecutor to be enjoying Rp. 12 trillion, the lawyers said that he was wrong.

"In this case, the Public Prosecutor has never and was not able to prove that there was such a large flow of money to Pak Heru. Besides that, there are no witnesses or documentary evidence showing that there was such a large flow of money to Mr. Heru, so how could Mr. Heru enjoy such a large amount of money if there was no flow of money," said Kresna.

Therefore, according to the lawyer, the calculation of state financial losses of Rp. 22 trillion is incorrect or wrong.

“In the trial, BPK experts explained that such a large loss figure appeared because the BPK examiner only counted the money that went out in Asabri's investments in stocks and mutual funds in the 2012-2019 period, without ever calculating the profits and those that went to Asabri in investing in stocks and mutual funds in the period 2012-2019. 2012-2019," continued the lawyer.

In addition, the Public Prosecutor and the BPK, according to legal adviser Heru Hidayat, ignore the fact that until now Asabri still owns shares and units of mutual fund participation for the 2012-2019 period. Where stocks and mutual funds are still valuable and their value continues to move.

"So it is clear that in this case Asabri has not suffered a loss, even if there is a decrease in the value of the investment, it is still potential and not real. So it is clear that the calculation of the State Loss is incorrect and wrong," said the lawyer.

"It would be very unfair if the wrong calculation of state losses was used because what would happen to Pak Heru if, for example, he was punished, but the value of the shares and mutual funds rose in the future and then Asabri managed to make a profit?" continued Krishna.

Therefore, Heru Hidayat's team of lawyers requested that the panel of judges decide this case in accordance with the law and the facts that occurred in this trial.

"Thus resulting in a fair decision," said Heru Hidayat's lawyer, Kresna.