NTB - The panel of judges decided that the defendant Abdurrazak Al Fakir should still serve an 8-year prison sentence in a corruption case on the rehabilitation and maintenance project of the Lombok Haj Embarkation hostel building in 2019.
The appeal decision against the defendant Abdurrazak Al Fakir as the Head of the Lombok Hajj Embarkation Dormitory Technical Implementation Unit is what has been officially released in the Case Tracing Information System (SIPP) of the Mataram District Court.
"So, the appeal judge in his ruling upheld the decision of the court of first instance which sentenced the defendant to 8 years in prison on behalf of Abdurrazak Al Fakir", said Mataram District Court spokesperson Kelik Trimargo in Mataram, West Nusa Tenggara (NTB), Friday, January 20, confiscated by Antara.
The panel of appeal judges chaired by I Gede Mayun with members Bambang Sasmito and Mahsan decided on the case on January 10, 2023, under number: 18/PID.TPK/2022/PT MTR.
"In the appeal decision, the panel of judges also ordered that the accused remain in custody", he said.
Furthermore, Kelik said that his party had received a statement of cassation from the defendant Abdurrazak Al Fakir through his legal counsel.
"So, now we are just waiting for the cassation memorandum from the defendant to be forwarded to the public prosecutor as material for making a counter-cassation memorandum", he said.
Previously, the Panel of Judges at the Mataram Corruption Crime District Court through decision Number: 20/Pid.Sus.TPK/2022/PN.Mtr, November 18, 2022, sentenced Abdurrazak Al Fakhir to 8 years in prison and a fine of IDR 400 million, a subsidiary of 6 months in prison.
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The panel of judges known to Mukhlassuddin with members Glorious Anggundoro and Fadhli Hanra handed down such a verdict by declaring the defendant legally and convincingly proven guilty of committing a criminal act of corruption by the public prosecutor's primary indictment.
The primary indictment describes the criminal provisions of Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended by Law No. 20 of 2001 Article 55 paragraph (1) 1st Criminal Code.
In addition to the crime, the judge also ordered the defendant to pay compensation of IDR 791 million, a subsidiary of 5 years in prison.
Regarding the IDR 150 million that was previously deposited at the investigation stage, the judge determined it was part of the defendant's efforts to pay replacement money. The judge also decided in his decision that the accused remained in custody.
As for the aggravating considerations the judge handed down such a verdict, one of them was regarding the status of Abdurrazak who had served a criminal sentence and had repeated his crimes.
The sentence handed down by the judge for Abdurrazak was lower than the prosecutor's demand of 8.5 years in prison.
Meanwhile, the criminal fine is heavier than the prosecutor's demands, which previously set IDR 300 million, a subsidiary of 4 months in prison.
Likewise the penalty period for the replacement money of IDR 791 million. The judge determined that it was heavier than the prosecutor's demands of 4.5 years in prison.
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