JAKARTA - The DKI Jakarta High Court (PT) still sentenced the former Head of the DKI Jakarta National Land Agency (BPN) to 3.5 years in prison, resulting in a loss of land owners worth Rp600 billion.
"Strengthening the decision of the Central Jakarta District Court on December 15, 2022 Number 545/Pid.B/2022/PN.Jkt.Pst., which was requested for the appeal," said the Panel of Judges of PT DKI Jakarta, chaired by Nelson Pasaribu as stated in the decision of PT Jakarta Number 21/PID/2023/PT DKI, quoted from the Supreme Court website, Monday.
On December 15, 2022, the Central Jakarta District Court sentenced Jaya to 3.5 years in prison for being proven guilty of making a fake letter. Prosecutors and Jaya did not accept it and both filed an appeal.
The judge assessed that Jaya was legally and convincingly proven guilty of committing a criminal act of making a fake letter as regulated and threatened with punishment in Article 263 paragraph (1) of the Criminal Code.
In passing the verdict, the judge considered mitigating and burdensome things. The aggravating thing is that the defendant's actions have caused losses and are considered not to run a good government system.
While mitigating things, the defendant behaved politely during the trial, was elderly, and had served 38 years at the land office.
The case of falsification of documents involving Jaya is the aftermath of a land dispute in West Cakung, Cakung, East Jakarta in 2019-2020. Jaya is considered to have violated Article 263 of the Criminal Code for making fake letters that caused harm.
"The Head of the DKI Jakarta Provincial BPN Regional Office on September 30, 2019 at the Regional Office of the DKI Jakarta Provincial BPN has issued a Decree of the Head of the DKI Jakarta BPN Regional Office Number 13/PBT/BPN.31/IX/2019 dated September 30, 2019 which contains the cancellation of 20 Certificates of Ownership (SHM) along with its derivative 38 Building Use Rights (HGB)," said the judge.
"The defendant made and signed the decree as if there was a request from witness Sofyan Djalil (ex Agrarian Minister/BPN-ed) through a special message. Meanwhile, this is not true at all the request/order from witness Sofyan Djalil," the panel continued.
The judge assessed that Jaya's actions were against the applicable or illegal law. However, Jaya used the decree to cancel 38 HGB of PT Salve Veritate and then Abdul Halim was used for the application for Ownership Certificate (SHM) for the location of the land to be in his own name.
Abdul Halim was charged in a separate file with a similar case. When presented at the trial on Friday (28/10), Abdul Halim, who is now a suspect in the alleged forgery of documents and money laundering (TPPU) at the Police Criminal Investigation Unit, admitted that he had sold the disputed land to PT. Temas Tbk at a price of Rp. 200 billion.
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