The panel of judges at the Corruption Court at the Mataram District Court sentenced the former Head of the Department of Industry and Trade (Disperindag) of Dompu Regency Sri Suzana in a case of procuring metrology equipment complete with other facilities and infrastructure.
"To try by imposing a sentence on the defendant Sri Suzana for 1 year in prison and a fine of Rp. 50 million, subsidiary to 3 months in prison," said Chief Justice Mukhlassuddin reading out Sri Suzana's sentence at the Corruption Court at the Mataram District Court, reported by ANTARA, Friday, December 29.
The panel of judges declared such a crime by stating that the defendant's actions had been proven to have participated in committing a criminal act of corruption according to the indictment of a subsidiary public prosecutor.
The indictment relates to Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001 jo. Article 55 paragraph (1) of the 1st Criminal Code.
However, with this indictment the judge did not charge the defendant to pay compensation for state financial losses taking into account the facts revealed at the trial.
This fact is related to Sri Suzana's status as a budget user (PA) and concurrently a commitment maker (PPK) who does not receive profits from other defendants, namely Yanrik as project implementer.
"Therefore, because they did not receive profits from Yanrik, the defendant did not need to be sentenced to money to compensate for state financial losses," he said.
State financial losses in this case amounted to Rp398 million. This figure arises from the results of the audit on the calculation of state financial losses (PKKN) of the NTB Provincial Inspectorate. The inspectorate conducted an audit based on the prosecutor's request when this case was running at the investigation stage.
However, the issue of state financial losses received a different view or disparity from adhoc judge Fadhli Hanra who stated "dissenting opinion" in Sri Suzana's decision.
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Fadhli Hanra stated that the defendant was not proven guilty by seeing the recovery of state financial losses when this case was included in the findings of the Dompu District Inspectorate.
"This recovery took place long before the prosecutor's office conducted an investigation," said Fadhli.
During the 60-day recovery period, Fadhli said that the defendant had paid off the findings of the investigation audit of the Dompu Inspectorate worth Rp. 167.5 million. In the trial, it was revealed that the money came from the results of the joint venture between the defendant and Yanrik.
The difference between the NTB Inspectorate PKKN audit and the Dompu District Inspectorate's investigation audit is related to the fine for the delay of two items that are not included in the Dompu District Inspectorate's inspection report (LHP).
Therefore, by including a late fine, the NTB Inspectorate found a loss figure of Rp398 million.
The panel of judges in Sri Suzana's decision ordered the Dompu Regency Government to return the replacement money of Rp. 167.5 million for the results of an investigation by the Dompu District Inspectorate to the defendant Sri Suzana.
In addition, the chairman of the panel of judges, Mukhlassuddin, decided that Sri Suzana should remain in custody in the city of the Corruption Court at the Mataram District Court.
The implementation of the procurement of metrology tools complete with other facilities and infrastructure runs using 2018 special allocation funds from the Indonesian Ministry of Trade with a value of Rp1.42 billion.
The procurement was carried out by the defendant Yanrik who received the power of attorney as project implementer from CV Fahrizal who is based in Dompu Regency. Another defendant in this case named Iskandar, an official implementing technical activity (PPTK) who is currently serving a criminal sentence with Yanrik at the Class IIA Prison in West Lombok.
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