MA Cut Sentence Of Inneke's Husband, Fahmi Darmawansyah From 3.5 Years To 1.5 Years In Prison

DOK ANTARA / Fahmi Darmawansyah

JAKARTA - The Supreme Court cut the sentence of businessman Fahmi Darmawansyah, who is also Inneke Koesherawati's husband from 3.5 years to 1.5 years in prison. This Judicial Review (PK) decision is related to the bribery case against the head of the Sukamiskin Penitentiary Wahid Husein.

"To declare that the convict Fahmi Darmawansyah has been legally and convincingly proven guilty of committing a criminal act of corruption jointly and continuously. Sentenced the convict to a prison sentence of 1 year and 6 months and a fine of Rp100 million which if not paid is replaced by imprisonment for 6 months, "said PK Fahmi's decision as quoted by Antara, Tuesday, December 8.

The PK judge panel was handed down by the PK panel of judges consisting of Salman Luthan as chairman of the assembly, Abdul Latif and Sofyan Sitompul respectively as members of the assembly.

The PK decision reduced the sentence to 3.5 years in prison plus a fine of Rp. 100 million, in addition to the 4 months imprisonment imposed by the Bandung District Court on March 20, 2020.

In that case, Fahmi was considered proven to have given Wahid Husen as the state organizer in the form of car service fees, money for entertaining prison guests, birthday gifts in the form of a Louis Vuitton brand cluth bag for Wahid Husen's boss, a pair of Kenzo brand sandals for Wahid Husen's wife worth Rp.39.5 million and a black Mitsubishi Triton "double 4x4" for Rp.427 million.

Fahmi gave the gifts because he got the renovation of his room (cell) with his own money.

The reason the PK panel reduced Fahmi's sentence was because the District Court's decision had not considered the reasons for imposing a sentence.

"The value of the bribe given by the convict is relatively small and the convicted person has no intention of obtaining economic benefits from the act," said the panel of judges.

Another reason is that the basis for the decision of the District Court is very unfair to Fahmi.

"Because other inmates also receive facilities, they are only given sanctions based on Law Number 12 of 1995 concerning Penalty in conjunction with Permenkumham Number 6 of 2013 concerning Rules of Prisons and State Detention Centers, thus the decision 'judex facti aquo' has contradicted the sense of justice in society. especially the Petitioner / Convict, compared to the level of guilt of the Petitioner with a prison sentence imposed on the Petitioner for Reconsideration, "said the panel of judges.

The decision is based on the primair indictment of Article 5 paragraph (1) letter b or Article 13 of Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption in conjunction with Article 55 paragraph (1) 1 of the Criminal Code in conjunction with Article 64 paragraph ( 1) KUHP.