MATARAM - The defendant in the corruption case of the people's business credit distribution program (KUR) in East Lombok Regency, Lalu Irham Rafiuddin Anum, handed over the memorandum of appeal to the Mataram District Court (PN).
Mataram District Court spokesman Kelik Trimargo said the Mataram District Court would forward the memorandum of appeal to the West Nusa Tenggara (NTB) High Court, today, Tuesday, July 25.
"If there are no obstacles, today we will forward (the appeal memory) to the court," he said in Mataram, NTB, Tuesday, July 25, which was confiscated by Antara.
The substance from the memorandum of appeal, he said, relates to the compensation for state losses charged by the first instance court to Lalu Irham as Director of CV Agro Biobriket and Briket (ABB) as well as Treasurer of the Indonesian Farmers Harmony Association (HKTI) NTB.
"Because the replacement money determines the amount of state losses, the amount of state losses spreads to the guidelines for criminalizing Article 2 and Article 3 of the Anti-Corruption Law. So, if the state loss is small, the punishment will automatically be small," he said.
By referring to the rules of this decision, Kelik considered the first-degree court judge to be inappropriate in charging the state compensation of Rp29.1 billion to the defendant Lalu Irham.
"The judge assessed that the one causing state losses of Rp. 29.1 billion was Mr. Irham as the main actor, this is an error," he said.
If you look at the facts of the trial, he said, the KUR funds for corn farmers in East Lombok are partly allocated to KUR tobacco farmers and KUR corn farmers in Central Lombok.
"That's a total of Rp. 15 billion. That's a trial fact. The witness from the internal bank auditor team who conveyed it, he explained at the trial that there was KUR funds for corn farmers which were also transferred partly to KUR for tobacco farmers," he said.
The transfer of funds, he explained, was due to the emergence of bad credit on the KUR program for tobacco farmers and corn farmers in Central Lombok.
"So, it's fair that there is no money that is not enjoyed, but the defendant was ordered to replace it? So in this memorandum of appeal I ask for a case development because there is another loss of Rp. 15 billion. Please process, we are only here to seek justice," said Satrio.
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The Panel of Judges at the Mataram District Court on July 6, 2023 sentenced Lalu Irham to 14 years in prison and a fine of Rp. 650 million, subsidiary to 4 months in prison.
The judge in the decision also charged Lalu Irham to pay compensation for state losses amounting to Rp29.1 billion.
The judge explained that the Rp29.1 billion loss came from the results of the NTB BPKP audit of Rp29.6 billion which was deducted by credit repayment money by 14 debtors with a value of Rp476 million and money that was still deposited in the debtor's account amounting to Rp7.9 million.
The judge considered this figure as the total loss from the transfer of KUR funds belonging to 779 corn farmers in East Lombok Regency to the account book of PT Mitra Universal Group (MUG) owned by the defendant Lalu Irham.
The thing that aggravates the criminal decision is state losses which arise worth Rp29.6 billion. The judge stated that the nominal loss that appeared was in the heavy category.
Dari aspek kesalahan, hakim menyatakan terdakwa dalam proyek tersebut memiliki peran yang signifikan selaku konceptor. Terdakwa juga selaku Bendahara HKTI NTB tidak melaksanakan kewajiban dalam penyaluran dana KUR.
The judge also stated that the defendant had negatively engineered credit disbursement through his two companies, namely CV Agro Biobriket and Briket (ABB) and PT MUG, without thinking about the impact of harming farmers in the midst of the government's efforts to recover the economy during the COVID-19 disaster.
In fact, due to the defendant's actions, 779 debtors from corn farmers in East Lombok Regency were blacklisted for banking which resulted in them unable to use banking facilities.
The KUR fund distribution program will take place in the 2021-2022 fiscal year. It was recorded that there were 789 farmers who entered as debtors. The total budget disbursed is IDR 29.95 billion.
In details, 779 debtors came from corn farmers in Pemongkong Village, Sekaroh Village, Seriwe Village, Ekas Buana Village and Kwang Rundun Village in Jerowaru District, East Lombok Regency with a KUR value of Rp29.6 billion.
Then, 10 debtors from tobacco farmers in Pujut District, Central Lombok Regency with KUR worth IDR 345 million.
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