Prison Period Is Over, Corruption Defendant Herry Nurhayat Is Free From The Sukamiskin Prison

Sukamiskin Penitentiary (Lapas), Bandung City. (Bagus Ahmad Rizaldi / Antara)

JAKARTA - The Sukamiskin Bandung Penitentiary stated that 1 prisoner who was accused of the Bandung City Green Open Space (RTH) corruption case was released because his prison term expires on October 31, 2020.

Head of Sukamiskin Prison Thurman Hutapea said this was done for the sake of valid legal procedures. The defendant was the former head of the Bandung City Regional Revenue and Finance Service (DPKAD) Herry Nurhayat.

"Today was released from detention for the sake of law, his detention period is over," said Thurman in Bandung, as reported by Antara, Sunday, November 1.

According to him, the Bandung District Court (PN) has not extended his term of detention. So, said Thurman, the authority over these detainees rests with the Bandung District Court.

Herry is still undergoing trial for the RTH corruption case that caught him. Herry, by the Corruption Eradication Commission (KPK) prosecutor, was charged with enriching himself with corruption amounting to Rp.8.85 billion.

Herry's trial period so far has only left an agenda for the verdict after Herry was previously demanded by the KPK prosecutor to be sentenced to four years in prison. The plan for the trial of Herry's decision agenda will be held on November 4, 2020.

Meanwhile, Public Relations of the Bandung District Court, Wasdi Permana, confirmed that Herry was still a defendant even though he was not detained.

For that, Herry still needs to attend the trial which is still ongoing, although not under the guidance of the Sukamiskin Prison.

"Since today he has been out of custody (not detained). The rules are not to be picked up, he must come alone," said Wasdi.

The Corruption Eradication Commission (KPK) explained that the former Head of the Bandung City Regional Financial and Asset Management Service (DPKAD) Herry Nurhayat was released from detention.

"The information we received was true that the defendant Herry Nurhayat had the status of his detention out for the sake of the law because the detention period based on the detention order by the Panel of Judges had ended as of October 31, 2020," said Acting KPK spokesman Ali Fikri.

Herry is a defendant in a corruption case in the procurement of green open spaces (RTH) in the Bandung City Government in 2012-2013.

He explained that Herry's first detention at the investigation stage began on January 27 and the detention up to October 31 was detention based on the decision of the Chairman of the Bandung High Court that could not be extended.

"For each detention order by the Panel of Judges, the Prosecutor (General Prosecutor) KPK has carried out the stipulation in accordance with the applicable criminal procedural law," said Ali.

During the trial process, he continued, the prosecutor of the KPK had presented 92 witnesses and trials were held twice a week and several times that were held late at night.

"Since the beginning, KPK prosecutors have compiled the trial timeline from reading the indictment to the letter of indictment, including an agreement regarding the schedule for the reading of the verdict. At that time, of course, having considered the detention period of the defendant," he said.

However, he said, the time set by the Panel of Judges with the agenda of reading the verdict had changed and had exceeded the time limit for detention so that according to the provisions, detainees had to leave for the sake of the law first.

"We need to emphasize that the case settlement process continues. Therefore, the KPK appealed to the defendant Herry Nurhayat to remain cooperative in completing the trial process until the agenda for reading the decision on November 4, 2020," said Ali.