PALEMBANG - Former Governor of South Sumatra (Sumsel) Alex Noerdin was found guilty and sentenced to 12 years in prison for corruption in the purchase of natural gas by the Regional Mining and Energy Enterprise Company (PDPDE) in 2010-2019, and grant funds for the construction of the Great Mosque of Sriwijaya Palembang.
The verdict was read out by the Panel of Judges chaired by Judge Yoserizal during a trial at the Palembang District Corruption Court (Tipikor), Wednesday, June 15.
"Trial the defendant Alex Noerdin with a prison sentence of 12 years and a fine of Rp. 1 billion, subsidiary to 6 months in prison," said Judge Yoserizal reading the verdict.
According to the judge, the defendant was conclusively proven to have committed a criminal act of corruption together and continued as the public prosecutor indicted based on the examination of witnesses and the adequacy of evidence at trial.
In the case of alleged corruption in the PDPDE, the judge stated that there had been an unnatural deviation resulting in state financial losses which, according to expert calculations from the Indonesian Supreme Audit Agency, amounted to US$30,194,452.79.
The amount of the loss was derived from the proceeds from the sale of gas minus operating costs for the period 2010-2019, which should have been received by the South Sumatra PDPDE of US$63,750 and Rp2.1 billion, which was a paid-in capital that should not have been paid by the South Sumatra PDPDE.
During the trial, the judge stated that several legal facts were found to prove the defendant's involvement, including Alex Noerdin, besides serving as the Governor of South Sumatra, he also served as Chairman of the Supervisory Board of the South Sumatra PDPDE.
"The defendant gave approval for the principle permit of cooperation between PDPDE Sumsel and PT. DKLN on December 16, 2009 to form PT. PDPDE Gas, without any feasibility study and previous analysis and without any consideration from the Supervisory Board of Regional Companies of the Province of South Sumatra," he said.
Furthermore, the defendant agreed to determine the number of shares in PT. PDPDE Gas is 15 percent for South Sumatra PDPDE and 85 percent for PT. DKLN without previous calculations and analysis and without any consideration from the BUMD Supervisory Body.
The defendant was proven to have violated the primary article 2 paragraph (1) jo. Article 55 paragraph (1) 1 of the Criminal Code, subsidiary to Article 3 jo. Article 55 paragraph (1) of the 1st Criminal Code which the public prosecutor indicted, from the Attorney General's Office together with the South Sumatra High Prosecutor's Office.
Meanwhile, in the case of grant funds for the construction of the Sriwijaya Palembang Grand Mosque, the defendant Alex Noerdin was proven to have violated Article 2 of Law (UU) Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law Number 20 of 2001 in conjunction with Article 55 of the Criminal Code, subsidiary of Law Number 31/ 1999 in conjunction with Article 55 paragraph (1) of the 1st Criminal Code.
"The aggravating considerations for the defendant do not support the government's program to eradicate corruption, while the lightening considerations for the defendant to be polite during the trial are the backbone of the family and the age of the defendant," said the judge.
The judge asked the public prosecutor to return the confiscated evidence in the form of several savings accounts, demand deposits, bank deposits, and open accounts belonging to the defendant Alex Noerdin and his wife Sri Eliza.
The return of the evidence was because the judge did not find any evidence proving that the defendant received the flow of funds in each of the cases he did in the trial.
"It is not proven that they received money, there is no evidence that proves it, so they asked the public prosecutor to return all the assets confiscated from Alex Noerdin and his wife Sri Eliza," said the judge.
Meanwhile, the defendant Alex Noerdin said he would appeal against the verdict given by the panel of judges.
"Bissmillahhirohmanirohim, of course I don't agree with this decision and I appeal, first of all I thank you profusely," he said.
The panel of judges closed the trial by still ordering the defendant Alex Noerdin to remain in detention at the Palembang Class 1A detention house.
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