Read More KUHP! Heru Hidayat's Verdict Is In Accordance With Law And Legality Principle Of Criminal Law

Heru Hidayat. (Photo; Doc. Antara)

JAKARTA - University of Indonesia Criminal Law expert Eva Achjani Zulfa assessed the decision of the Central Jakarta District Court panel of judges which handed down the null verdict of President Commissioner of PT Trada Alam Minera Heru Hidayat in the PT Asabri corruption case was in accordance with the provisions.

"Referring to the provisions in Articles 65-68 and Article 71 of the Criminal Code regarding meerdaadsche samenloop or a combination of criminal acts, the sentence for life imprisonment has absorbed other main penalties (imprisonment or fines) in the case of a case where someone commits several criminal acts," Eva said to reporters on Wednesday 19 January.

According to her, the judge's decision in Heru Hidayat's case was basically in accordance with these provisions.

"So referring to the nulla poena sine lege poenali principle and the legality principle of the judge's decision, it is a decision that refers to the provisions and principles of criminal law," she continued.

Eva said this in response to the statement by Attorney General ST Burhanuddin who ordered the public prosecutor to file an appeal regarding Heru Hidayat's null verdict for allegedly disturbing justice in society.

It should be noted that the verdict is much lighter than that of the public prosecutor (JPU) who demanded that Heru be sentenced to death. Previously, Chairman of the National Human Rights Commission (HAM) Ahmad Taufan Damanik suggested that prosecutors no longer need to apply for the death penalty.

He sees such law enforcement as only a public image. Something to be proud of that had demanded someone's death.

"Actually, the Jokowi administration has not explicitly implemented it, because the last few years have done it, a moratorium (postponement) of the death penalty. Strangely why was the death penalty proposed again? I think it's more of a public image," said Taufan some time ago.

According to Taufan, the death penalty can violate human rights principles, so it should no longer be applied as a last resort in law enforcement efforts in Indonesia.

"For example, yes, the death penalty imposed on corruption is not proven in any country in the world that it is effective in reducing corrupt practices," he added.

It is known that the panel of judges at the Central Jakarta District Court sentenced the former President Commissioner of PT Trada Alam Minera Heru Hidayat to nothing in the PT Asabri corruption case. In addition, the judge also decided that the assets that had been confiscated by the prosecutor from Heru Hidayat, were partially returned for several reasons.

Like the LNG Aquarius ship, which 3 consortiums bought since December 14, 2011, at a price of 33 million US dollars from BGT Ltd and on its way PT TRAM Mineral TBK became a shareholder in PT Hanochem Shipping.

In addition, there were 4 ships belonging to PT Trada Alam Mineral Tbk which were also ordered to be returned, such as Pasmar 01, Taurians one, Taurians two, and Taurians Three.

"And all documents related to the ships above are proven to be owned by PT Trada Alam Minera Tbk long before the corruption crime, so they are not the result of a criminal act, therefore they must be returned to whoever the goods were confiscated," said Chief Justice IG Eko Purwanto in the sentencing hearing of Heru Hidayat.

Furthermore, 13 ships belonging to PT Jelajah Bahari Utama which must also be returned are ARK Ship 03, ARK 01 Ship, ARK 02 Ship, ARK 05 Ship, ARK 06 Ship, Noah Ship 1, Noah Ship 2, Noah Ship 3, Noah Ship 5, Ship Noah Noah 6, TBG Ship 306, TBG Ship 301 and TBG Ship 2007.

"Along with the documents on the ship above, it was proven to be owned by PT Jelajah Bahari Utama long before the criminal act of corruption was committed in this case so that it can be ascertained that it was not the result of a criminal act, therefore it must be returned to whoever the evidence is confiscated," he said.

In addition, assets that must also be returned, such as evidence in the form of a limited liability company, namely PT. Ricobana Abadi, PT Tiga Samudera Perkasa, PT Mahkota Nickel Indonesia and PT Tiga Samudera Nickel. Eko said because it is a legal entity that is a personification of people, it cannot be confiscated. "If the legal entity is suspected of being related to a criminal act of corruption, it can be indicted separately, therefore the confiscation of the legal entity must be declared null and void by law," he added.

There is also land and a building covering an area of 660 square meters located in the Benua Melayu Darat Village, South Pontianak, Pontianak City with the holder of rights on behalf of PT Inti Kapuas Arwana Tbk which was owned long before the case.

Then one plot of land and a building covering an area of 382 square meters located in Bangka Belitung Village, South Pontianak, Pontianak City, the right holder is Susanti Hidayat, Heru Hidayat's sister, which was owned before the case.