Judge's Reason For 'Passing' Heru Hidayat From Death Penalty Claims

Heru Hidayat/ANTARA

JAKARTA - The panel of judges at the Corruption Court explained that the basis for the null decision was different from the prosecutor's demands, namely the death penalty for the defendant in the PT Asabri corruption case, Heru Hidayat.

One of the considerations, because the indictment only stated Article 2 paragraph 1 with a maximum sentence of life imprisonment. In addition, the indictment does not contain Article 2 paragraph 2 of the Anti-Corruption Law concerning the death penalty. The prosecutor previously used this article to prosecute Heru Hidayat.

"So the panel of judges cannot prove the elements of Article 2 Paragraph 2 of the Corruption Criminal Act, but the panel only proves Article 2 Paragraph 1," said the panel of judges in a trial at the Jakarta Corruption Court, Tuesday, January 18.

The panel of judges also referred to Article 182 paragraph 4 of the Criminal Procedure Code, namely that the deliberation of decision-making related to the verdict must be based on an indictment and everything that is proven at trial. Therefore the indictment serves as a limitation and reference in proof.

"So the decision that is handed down may not come out of the indictment and everything that is proven in the examination at the trial. The indictment is a clear fence or limit in examining at trial for the parties for the public prosecutor so as not to exceed the authority," said the judge.

The panel of judges also highlighted the use of Article 2 Paragraph 2 regarding the death penalty by the prosecutor. In that regulation, the death penalty is given if a criminal act of corruption is committed under certain circumstances.

For example, during a national natural disaster, repetition of criminal acts of corruption and when the country is in an economic and monetary crisis.

However, the alleged corruption case with the defendant Heru Hidayat was carried out in the period 2012-2019. The panel of judges was of the opinion that in that condition there were no factors or reasons for the dangerous situation.

"The public prosecutor did not prove certain conditions for the use of funds by the defendant at the time of committing a criminal act of corruption. Based on the fact that the defendant committed a criminal act of corruption when the situation in the country was safe," he said.

In addition, the panel of judges also argued that the reason for the repetition of Heru's corruption crime (Tipikor) which was the reason for the aggravation was not proven. Heru had previously been sentenced to life in prison in the Jiwasraya corruption case based on the decisions of the Central Jakarta District Court, the Jakarta High Court and the Supreme Court.

"The defendant has partially or recently undergone the Jiwasraya corruption which has permanent legal force. The Jiwasraya corruption coincided with the corruption committed by the defendant in the PT Asabri case so that it is more accurately categorized as Concursus Realis or Merdaadse Samenloop, not as a repeat of a crime," said the judge.

"Therefore, there is a legal reason to override the death charge put forward by the public prosecutor in his claim. Because the death penalty in Article 2 Paragraph 2 is facultative in nature, it means that there is no choice to impose the death penalty," he continued.

The panel of judges at the Corruption Court at the Central Jakarta District Court handed down a null verdict against the defendant in the alleged corruption case of PT Asabri, Heru Hidayat. This verdict was given because Heru had been given the maximum sentence in other cases.

The verdict was given because Heru Hidayat had been sentenced to life imprisonment in the Jiwasraya corruption case. In this case, Heru was found guilty of committing a criminal act of corruption.

However, Heru Hidayat was also given additional sanctions, namely replacement money of Rp. 12 trillion.