The Supreme Court has sentenced the executor of the 2017 budget year pier construction project in the Gili Air tourist area, North Lombok Regency, West Nusa Tenggara, Edi S. A. Rahman to 4 years in prison.
The panel of cassation judges determined the verdict according to the decision number: 428 K/Pid.Sus/2023 dated March 21, 2023, which canceled the appeal decision of the Mataram High Court Number: 12/PID.TPK/2022/PT MTR dated August 30, 2022, which corrected the decision of the Mataram Corruption Court Number: 8/Pid.Sus-TPK/2022/PN Mtr dated July 5, 2022.
Spokesperson for the Mataram District Court Kelik Trimargo confirmed the contents of the decision as stated in the Case Investigation Information System (SIPP) of the Mataram District Court.
"Yes, the cassation decision for the defendant corruption in the Gili Air pier project on behalf of Edi S. A. Rahman has been issued. As we broadcast at SIPP, the cassation judge canceled the appeal decision by setting a sentence of 4 years in prison," said Kelik, quoted by ANTARA, Tuesday, May 23.
Following up on the decision, he ensured that his party had forwarded it to the public prosecutor and the defendant through legal counsel.
In the cassation decision of the defendant as the executor of the project that received power from the Director of PT Gelora Megah Sejahtera, Suwandi, the judge also imposed a fine of Rp. 100 million, subsidiary to 3 months in prison.
In addition, the cassation judge also determined that the defendant should pay compensation for state losses amounting to Rp617.3 million, subsidiary to 2.5 years in prison.
By overturning the appeal decision, the cassation judge stated that the defendant was not proven to have violated the primary indictment, but instead stated that the defendant was proven to have committed a criminal act of corruption together with other defendants.
Previously, in the appeal decision of the Mataram High Court, the judge upheld and simply corrected the first-degree court's decision by changing the sentence from 6 years to 5 years in prison.
The fine is still the same as the court's first-degree decision, which is Rp. 200 million, subsidiary to 3 months in prison. Likewise, the payment of compensation for state losses is Rp. 617.3 million, subsidiary to 2 years in prison.
In the first instance court decision, the defendant was declared legally and convincingly guilty of committing a criminal act of corruption together as in the primary indictment.
The indictment relates to Article 2 paragraph (1) Juncto Article 18 of Law of the Republic of Indonesia Number 20/2001 concerning Amendments to Law of the Republic of Indonesia Number 31/1999 concerning Eradication of Corruption in conjunction with Article 55 paragraph (1) 1st of the Criminal Code,
In the decision, the judge conveyed burdensome considerations, one of which was regarding state losses that emerged from the results of the NTB Inspectorate audit worth Rp. 782 million.
Therefore, in the description of the verdict, it was also stated that the defendant Edi S. A. Rahman, who acted as the recipient of the power of attorney from the Director of PT Gelora Megah Sejahtera, Suwandi, was declared as the party responsible for the emergence of state losses.
The emergence of losses from the pier construction project in the Gili Air tourist area at the Department of Transportation, Maritime Affairs, and Fisheries in North Lombok Regency, with a contract value of Rp6.28 billion, was proven by the construction expert's study.
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A lack of work volume was found with a compensation value of IDR 98.138 million and an overpayment of three items worth IDR 684.238 million.
Then regarding the replacement money charged to the defendant Edi worth Rp. 617.3 million, the proceeds from deducting money from three other defendants, with a value of Rp. 40 million from Suwandi, Rp. 50 million from Slamet Waloejo, and Rp. 75 million from Luqmanul Hakim.
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