Heru Hidayat Sentenced To Nothing, Judge Says Prosecutors Exceeded Authority To Demand Death Penalty

Heru Hidayat/ANTARA

JAKARTA - The panel of judges assessed that the public prosecutor (JPU) who handled the alleged corruption case of PT Asabri exceeded his authority because he demanded a death sentence against the President Commissioner of PT Trada Alam Minera Heru Hidayat.

"That from the beginning the public prosecutor has never indicted the defendant Article 2 paragraph 2 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes so that the panel of judges cannot prove the elements of Article 2 paragraph 2 of the Anti-Corruption Law. The panel only proved Article 2 paragraph 1 of the Corruption Eradication Law," said member judge Ali Muhtarom at the Corruption Court (Tipikor) quoted by Antara, Tuesday, January 18 night.

In this case, the Panel of Judges at the Jakarta Corruption Court gave a zero verdict to the President Commissioner of PT Trada Alam Minera Heru Hidayat plus an obligation to pay replacement money of IDR 12.643 trillion.

"The indictment is a limitation and reference in proving and making decisions in criminal acts. In accordance with Article 182 paragraph 4 of the Criminal Procedure Code which states that the judge's deliberation must be based on an indictment and everything that is proven at trial. With the word 'must', the decision handed down cannot be out of the indictment and everything that is proven in the examination at trial," added judge Ali.

According to the judge, the indictment is a clear fence or boundary in examining at trial for the parties.

"For the public prosecutor not to exceed his authority, for the defendant and his legal adviser to have the opportunity to prepare to defend themselves, and for the panel of judges to walk in the corridor of law that remains in legal signs," said Judge Ali.

In this case, according to the panel of judges, Heru Hidayat was charged with cumulative charges, namely the first primary violation of Article 2 paragraph (1) in conjunction with Article 18 of the Anti-Corruption Law in conjunction with Article 55 paragraph 1 of the Criminal Code, the first subsidiary charge violating Article 3 in conjunction with Article 18 of the Law Corruption in conjunction with Article 55 paragraph 1 of the Criminal Code and the second violates Article 3 of Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering, subsidiary to Article 4 of Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering.

"The threat of deprivation of liberty in Article 2 paragraph 1 is life imprisonment and based on the provisions of Article 67 of the Criminal Code if a person is sentenced to death or life imprisonment, other punishments cannot be imposed or the revocation of certain rights and the announcement of the panel of judges," added the judge. Ali.

Article 67 of the Criminal Code reads "If a person is sentenced to death or life imprisonment, other punishments may not be imposed other than the revocation of certain rights, and the announcement of the judge's decision."

"Although based on the consideration of the panel of judges, the defendant was proven guilty of committing the first and second primary crimes, but the law imperatively stipulates that if a person is sentenced to death or life imprisonment, no other punishment may be imposed except the revocation of certain rights and the announcement of the verdict. According to the judges, according to Article 67 of the Criminal Code, this provision absolutely must be followed," said Judge Ali.

Based on these considerations, according to the panel of judges, although Heru Hidayat was found guilty, because Heru Hidayat had been sentenced to life in the Jiwasraya case, the sentence imposed in the Asabri case was nil.

"Because the defendant is serving a sentence in another case and no detention has been carried out, there is no need for a detention order against the defendant," said Judge Ali.

Heru Hidayat himself has been sentenced to life in prison in the corruption case of PT Asuransi Jiwasraya which cost the state IDR 16.807 trillion based on the decision of the Central Jakarta District Court on October 26, 2020 and was confirmed by the decision of the DKI Jakarta High Court and the Supreme Court which has permanent legal force.

Regarding this case, the Public Prosecutor and Heru Hidayat stated that they had thought about it for 7 days.