Reject Pleidoi, KPK Prosecutor Asks Judge Rafael Alun To Be Sentenced To 14 Years In Prison

The defendant in the case of gratification and money laundering Rafael Alun Trisambodo while attending the pleidoi trial at the Central Jakarta District Court (PN), Wednesday (27/12/2023). ANTARA/M. Mardiansyah Al Afghani

JAKARTA - The Corruption Eradication Commission (KPK) prosecutor rejected the memorandum of defense or plea submitted by the legal adviser to the defendant in the case of gratification and money laundering of Rafael Alun Trisambodo.

The prosecutor also remained in his position demanding that the former official at the Directorate General of Taxes at the Ministry of Finance (Kemenkeu) be sentenced to 14 years in prison.

"So far, we have rejected the plea, then our response will be delivered later, and according to the 14-year demands," said KPK prosecutor Zaenurofiq after attending a plea hearing at the Corruption Court, Jakarta, as reported by ANTARA, Wednesday, December 27.

According to the prosecutor, the points conveyed by the defendant and legal advisers in his defense note are relatively the same as those submitted on the exception agenda some time ago.

Among these points, namely asking the panel of judges at the corruption court to cancel the indictment which was considered expired and the imposition of replacement money charged to the defendant.

"There is something that expires as well as the previous exception response. We will discuss again with the prosecutor's team whether we will include it again in the replica or in response at the following trial," he said.

The plan is that the rejection of the memorandum of defense or plea from the defendant will be submitted in writing at the replica trial which will be held at the Central Jakarta District Court, Friday (29/12).

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 Pakal of 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 of 1999 concerning Eradication of Criminal Acts of Corruption which has been amended by Law Number 20 of 2021 jo. Article 55 paragraph (1) 1st of the Criminal Code jo. Article 64 paragraph (1) of the Criminal Code as stated in 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.