JAKARTA - The sentence of former Maritime Affairs and Fisheries Minister Edhy Prabowo has been cut to four years in the bribery case for a license to export lobster seeds. However, the slashing of the sentence was highlighted because the considerations were absurd.
The Supreme Court (MA) has circumcised Edhy Prabowo's sentence from 9 years in prison to 5 years in prison. This sentence was cut because he was considered to have worked well during his tenure.
This decision was approved by the assembly consisting of Sofyan Sitompul, Gazalba Saleh, and Sinintha Yuliansih Sibarani on 7 March.
"The defendant Edhy Prabowo has been sentenced to 5 years in prison and a fine of IDR 400 million with the condition that if he is not paid, he will be replaced with imprisonment for six months," said the Supreme Court decision.
In the consideration of the cassation panel, the decision was corrected because it did not take into account the mitigating circumstances of the defendant. The situation is that Edhy has worked well during his time as Minister of Maritime Affairs and Fisheries.
This is evident because Edhy has revoked the Minister of Marine Affairs and Fisheries Regulation Number 56/PERMEN-KP/2016 dated December 23, 2016 and replaced it with the Minister of Marine Affairs and Fisheries Regulation Number 12/PERMEN-KP/2020 which aims to utilize lobster seeds.
"That is, they want to empower fishermen and also cultivate them because lobster in Indonesia is very large. Furthermore, in the Regulation of the Minister of Maritime Affairs and Fisheries Number 12/PERMEN-KP/2020, exporters are required to obtain lobster clear seeds (BBL) from small fishermen who catch BBL," write down those considerations.
"So it is clear that the defendant's actions are for the welfare of the community, especially small fishermen," added the consideration of the cassation panel.
This consideration was then responded by a researcher from Indonesia Corruption Watch (ICW), Kurnia Ramadhana. According to him, cutting Edhy Prabowo's sentence is absurd.
Kurnia assessed that if Edhy had worked well as the Supreme Court considered, he would not have been prosecuted by the Corruption Eradication Commission (KPK).
"The Supreme Court's reason for reducing Edhy Prabowo's sentence is absolutely absurd. Because if he had done a good job and gave hope to the community, surely Edhy would not have been prosecuted by the KPK," Kurnia said in a written statement quoted on Thursday, March 10.
This anti-corruption activist also considered that the cassation judge who circumcised Edhy's sentence from nine years in prison to five years did not see a number of factors that actually aggravated the sentence.
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The first factor, said Kurnia, is that Edhy has used his position as Minister of Maritime Affairs and Fisheries to gain profits by unlawful means, namely accepting bribes related to the export licensing of lobster clear seeds (BBL).
The second factor, the Gerindra Party politician is said to have committed corruption in the midst of the COVID-19 pandemic in which many people have suffered.
"How can the judge say that the defendant has given hope to the community while at the same time Edhy is carrying out corrupt practices amidst the misery of the community due to the COVID-19 pandemic," he asked.
With this condition, the anti-corruption activist then considered the Supreme Court's decision to cut Edhy's sentence as odd. This is because the sentence of five years in prison is only six months heavier than the sentence given to his staff, Amiril Mukminin, who was caught in the bribery case.
"Moreover, with the corruption he committed, Edhy also violated his own oath of office," said Kurnia.
Furthermore, Kurnia also said that cutting Edhy's sentence for absurd reasons was feared that it could set a bad precedent. It is not impossible, later the perpetrators of corruption will not be deterred but instead have the enthusiasm to commit corruption.
In fact, the practice of corruption should be categorized as an extraordinary crime. "It is feared that this cut in the sentence by the Supreme Court will serve as a multivitamin as well as an encouragement for officials who want to practice corruption," he said.
"Because they see firsthand how the decisions of the judicial authorities rarely provide a deterrent effect," concluded Kurnia.
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