UNAIR Legal Expert: Heru Hidayat Prison Sentence Defendant Asabri Will Be Blank Aka Zero

Heru Hidayat/ANTARA

JAKARTA - Law expert and Professor of Criminal Law from Airlangga University (Unair) Nur Basuki Minarno suspects that the panel of judges at the Corruption Criminal Court will sentence the defendant PT Asabri alleged corruption, Heru Hidayat, with a blank or zero prison sentence. The reason is that Heru Hidayat has been sentenced to life in prison in the Jiwasraya case.

"In the Jiwasraya case, Heru Hidyat has been sentenced to life imprisonment, so in the Asabri case if the panel of judges declares Heru Hidayat guilty of not committing a crime as stated in the indictment, then the verdict is declared a criminal, but a blank sentence which means the prison sentence is zero. "Nur said in his statement, Tuesday, January 11.

According to Nur, according to the regulations in force in Indonesia, life imprisonment is the maximum detention sanction. Because, Indonesia does not adhere to the cumulative punishment.

“Indonesia does not apply cumulative prison sentences. In Indonesia, the heaviest imprisonment is the highest imprisonment plus a third. But if you have been sentenced to life in prison, then the heaviest punishment is no longer valid because it is already the most severe, while you are in prison, "explained Nur.

Then, Nur also assessed that the panel of judges would consistently sentence Heru Hidayat according to the indictment of the public prosecutor (JPU) and the facts of the trial. Thus, the prosecution's demand for the death penalty was deemed inappropriate because it was not contained in the indictment.

“As a rule, judges decide cases are based on indictments because that is what is examined and proven in trials before the verdict. Now, in the Asabri case, the public prosecutor did not ensnare or include Article 2 paragraph (2) of the Anti-Corruption Law which contains the death penalty in Heru Hidayat's indictment," he said.

In addition, the crimes committed by Heru Hidayat in the Jiwasraya case and the Asabri case are not repeat crimes. But it is included in the category of realist discourse or meerdaadse samenloop.

That is, a person commits a number of criminal acts at the same time and each crime stands alone.

"If repetition is not criminal or residive, it means that he is sentenced to a crime, after he is sentenced, he commits another crime. It's not the Heru Hidayat case, all of the criminal acts have been carried out or almost simultaneously, only processed not at the same time," said Nur.

It is known, the Public Prosecutor of the Attorney General's Office (Kejagung) demanded the defendant in the alleged corruption case of Asabri, Heru Hidayat, with the death penalty. Prosecutors believe that Heru, together with a number of other parties, have been involved in corruption in the management of PT Asabri (Persero) funds, which caused a loss to state finances of around Rp. 22.78 trillion.