Claiming To Be Honest, Rafael Square Asks To Be Released From Prison Sentence

The defendant in the case of gratification and money laundering Rafael Trisambodo Account attended the trial with the agenda of reading a memorandum of defense or plea at the Corruption Court in Central Jakarta, Wednesday (27/12/2023). ANTARA/M. Mardiansyah Al Afghani

JAKARTA - The defendant in the case of gratification and money laundering Rafael Alun Trisambodo in reading his personal memorandum of defense asked the panel of judges at the Corruption Court (Tipikor) of the Central Jakarta District Court (PN) to release him from all charges and charges.

"I hope the judge can consider being acquitted of the indictment because he has honestly reported all of my assets in the SPT and LHKPN and followed the tax amnesty of the voluntary disclosure program," said Rafael Alun while reading his personal memorandum of defense at the Jakarta Corruption Court, reported by ANTARA, Wednesday, December 27.

In reading his plea or memorandum of defense, Rafael Alun denied the gratuity charges alleged by the KPK public prosecutor (JPU) against him.

He also admitted that he had explained the details of the origin of all his assets in an orderly manner through an annual notification letter (SPT) and the State Administrators Wealth Report (LHKPN) and participated in the tax amnesty program.

"For the sake of justice, tax legal certainty and for the trust of taxpayers who have orderly reported their assets and trust in us people who are obliged to report our assets to the LHKPN, I hope it can be considered," he said.

Meanwhile, the defendant's legal adviser Rafael Alun Trisambodo, Junaedi, stated that based on the facts at the trial, the indictment alleged by the prosecutor, especially regarding the receipt of 90,000 US dollars gratuities, was not discussed and claimed not to be proven.

"From the various accusations addressed to Pak Alun, it was initially related to gratification of 90,000 US dollars and during the trial it was never discussed and has never been proven about the receipt of the money," said Junaedi.

Legal advisers also highlighted several allegations that they judged expired because they had occurred decades ago.

"As for developing several assets whose all charges of receiving from ARME have passed 18 years ago, some of the demands are also mentioned as acceptance that it has expired for 23 years. So, Pak Alun wants to convey how our legal system adheres to the expiration of prosecution and that must be understood as part of our legal heritage," he said.

Rafael Alun Trisambodo was previously sentenced to 14 years in prison by the KPK prosecutor.

The prosecutor assessed that the former official of the Directorate General of Taxes at the Ministry of Finance was found guilty of committing a criminal act of corruption as stipulated in Article 12 letter bjuncto Article 18 of Law Number 31 Tahaun 1999 concerning Eradication of Criminal Acts of Corruption which has been amended by Law Number 20 of 2021 in conjunction with Article 55 paragraph (1) 1st of the Criminal Code jo. Article 64 paragraph (1) of the Criminal Code as the first indictment.

In addition to imprisonment, Rafael Alun was also charged with a fine of Rp. 18,994,806,147.00. If the defendant does not pay the replacement money within 1 month after the decision has permanent legal force, the prosecutor has the right to confiscate the defendant's property and then auction it off.

In this case, the KPK prosecutor charged Rafael Alun Trisambodo with receiving gratuities worth Rp. 16.6 billion.

In his indictment, it is stated that the acquisition of the assets concerned cannot be legally accounted for because it deviates from the income profile of the defendant as a civil servant at the Directorate General of Taxes at the Ministry of Finance of the Republic of Indonesia.

The defendant's actions are as regulated and subject to criminal penalties in Article 3 paragraph (1) letters a and c of Law Number 15 of 2002 concerning the Crime of Money Laundering as amended by Law Number 25 of 2003 jo. Article 55 paragraph (1) of the 1st Criminal Code jo. Article 64 paragraph (1) of the Criminal Code.

Rafael Alun carried out the money laundering with a gratuity of Rp5,101,503,466.00 and other receipts of Rp31,727,322,416.00. Meanwhile, Rp31.7 billion has not been explained.

The prosecutor explained that the Rp5.1 billion money was part of a gratuity of Rp16.6 billion, which was the defendant's first indictment regarding receiving gratuities.