JAKARTA - The attorney for the former Secretary of the Supreme Court (MA) Nurhadi and Rezky Herbiyono, Maqdir Ismail said that the KPK prosecutor (JPU) charges against his client were based on imagination.
"The 12-year prison term for Nurhadi and Rezky Herbiyono for 11 years in prison is based on imagination to cover up the mistake of making Nurhadi a defendant, because it is not supported by evidence," said Maqdir in response to prosecutors' demands at the Jakarta Corruption Court, quoted by Antara, Tuesday, March 2.
Maqdir said that evidence of criminal acts committed by Nurhadi and Rezky Herbiyono was only based on assumptions. He considered, if his client was proven to have received a gift or promise from Hiendra regarding case management, the prosecutor should have the courage to sue under Article 12 letter a as stated in the indictment, not based on Article 11 of the Corruption Act.
"It is ridiculous, as if Nurhadi received money from Hiendra Soenjoto and then bought an oil palm plantation in the name of Rezky Herbiyono and Rizqi Aulia Rahmi," said Maqdir.
Maqdir assessed that the demands against his two clients were in stark contrast. He believes that the prosecutor has not been fully able to prove the case that ensnared his two clients at the trial.
"The facts presented in the indictment are full of untruth and are not based on evidence. This demand is in stark contrast to the quotation from the Qur'anic verse that was conveyed at the beginning of the letter of demand. This demand is dishonest and bad," said Maqdir.
Prosecutor Lie Putra Setiawan charged Nurhadi with a sentence of 12 years in prison and a fine of Rp. 1 billion subsidiary to six months by the public prosecutor (JPU) at the Corruption Eradication Commission (KPK). Meanwhile, Rezky Herbiyono, who is Nurhadi's son-in-law, was charged with 11 years in prison and a fine of Rp. 1 billion, a subsidiary of six months in prison.
Both of them were also given additional penalties in the form of replacement money of Rp. 83 billion. This replacement money is paid no later than one month after the decision is legally binding.
The prosecutor believes that Nurhadi and his son-in-law, Rezky Herbiyono, received gratuities worth Rp. 37,287,000,000 from a number of parties who are litigating in the court of first instance, appeal, cassation, to reconsideration (PK).
In addition, Nurhadi and his son-in-law were also considered to have received a bribe of Rp 45,726,955,000 from the President Director of PT Multicon Indrajaya Terminal (PT MIT) Hiendra Soenjoto. The bribes were given in order to make the case between PT Multicon Indrajaya Terminal (PT MIT) easier and PT Kawasan Berikat Nusantara (PT KBN) related to a lawsuit against the container depot lease agreement.
Nurhadi and Rezky are charged with violating Article 11 and Article 12 letter a of Law (UU) Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption in conjunction with Article 55 paragraph (1) 1st of the Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code.
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