The judge upheld the court's decision at the first instance of the defendants Agus Fanahesa and Johari in the fictitious credit corruption case of the Central Lombok People's Credit Bank (BPR) Batukliang branch.
This is in accordance with the appeal decision Number: 1/PID.TPK/2023/PT MTR on February 21, 2023.
"In accordance with the contents of the appeal decision, the judge upheld the decision of the Mataram Corruption Crime District Court Number: 26/Pid.Sus-TPK/2022/PN Mtr, dated December 21, 2022, which was previously appealed by the public prosecutor," said Mataram District Court spokesman Kelik Trimargo, Thursday, February 23, was confiscated by Antara.
In the verdict, the panel of appeal judges chaired by Lilik Mulyadi with members I Gede Mayun and Mahsan determined that Agus Fanahesa and Johari remain in custody.
Kelik said that the appeal decision file from the Mataram High Court is still in the General Section of One Stop Integrated Services (PTSP) of the Mataram District Court.
"The file has just been received from the Mataram High Court. So, it has not been submitted to the corruption department (corruption crime). Disposition is still being made," he said.
Administratively, he said, the follow-up to the receipt of the appeal decision file will notify the parties, both the public prosecutor and the two defendants.
"The purpose of notification to the parties is to see the attitude towards the appeal decision whether or not to take further legal action or not," he said.
This appeal decision is a follow-up to a request from the public prosecutor at the Central Lombok District Attorney.
The prosecutor's consideration of filing an appeal regarding the judge's decision to cancel the payment of compensation for state losses, such as the description of the charges.
According to the public prosecutor, the state compensation money imposed on the two defendants was clearly visible in the facts of the trial. However, in the court's decision at the first instance, the judge did not justify the loss to the two defendants.
Although the nominal amount of the money received by the two defendants was quite small with a value of Rp. 1 million and Rp. 2 million, the prosecutor believed that the money was part of the value of state losses which were also enjoyed by the application for credit on behalf of 199 members of the National Police by I Made Sudarmaya.
The panel of judges at the Mataram Corruption Court on December 21, 2022, sentenced Agus Fanahesa and Johari to 2 years in prison and a fine of Rp. 200 million, subsidiary to 3 months in prison, which was proven legally in violation of the public prosecutor's subsidiary charges.
In the indictment, the judge stated that the two defendants were proven to have helped enrich others. In this case, the party who applied for fictitious credit on behalf of the 199 members of the National Police, namely I Made Sudarmaya.
The verdict refers to the rules of Article 2 paragraph (1) in conjunction with Article 18 paragraph (1) letter b of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001 jo. Article 55 paragraph (1) of the 1st Criminal Code.
In the verdict, the judges to the two defendants who had different roles did not charge to pay compensation for state losses, such as the demands of the public prosecutor, Rp. 1 million for Johari and Rp. 2 million for Agus Fanahesa.
The judge stated this because he did not find any facts that corroborated the evidence that the two defendants enjoyed the state's loss money. The figure of Rp. 1 million and Rp. 2 million is considered as wages received from I Made Sudarmaya, not from credit money.
The judge also ordered that the prosecutor carry out developments in an effort to recover state losses of Rp. 2.38 billion which had been charged to I Made Sudarmaya as a witness to the case.
The verdict handed down against the defendant was also lower than the prosecutor's demands, which previously demanded that the judge impose a sentence of 2 years and 6 months in prison.
The prosecutors in the indictment of Agus Fanahesa and Johari explained that the fictitious credit case at the Central Lombok BPR Batukliang Branch emerged from arrears of payments.
The arrears were revealed as a result of profiteering for 199 members of the NTB Regional Police Ditsamapta with a loss of Rp. 2.38 billion.
The prosecutor also outlined in the IMS indictment when he assumed the position of Administrative Officer for Financial Affairs at the Sabhara Directorate of the NTB Police as the mastermind behind this fictitious credit case.
Sudarmaya, who is now known to be serving at the Bima City Police, is said to be in the indictment as a party enjoying a loan of IDR 2.38 billion. The loan value was recorded in the credit application for the 2014-2017 period.
In this case, the defendant Johari acted as an officer account at the Central Lombok BPR Batukliang Branch. Johari became a defendant with Agus Fanahesa who served as Head of Marketing for the Central Lombok BPR, Batukliang branch.
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