Conditioning Cases In The Supreme Court, Gazalba Saleh Didakwa Receives Gratification Of IDR 650 Million

Gazalba Saleh's Trial At The Corruption Court/PHOTO: Rizky Adytia-VOI

JAKARTA - Inactive Supreme Court Justice Gazalba Saleh was charged with receiving gratuities of Rp. 650 million. The receipt of the money relates to the handling of the case at the Supreme Court (MA).

"Doing or participating in the act, receiving gratuities, namely receiving Rp650 million in money," said the prosecutor during a trial at the Corruption Court at the Central Jakarta District Court, Monday, May 6.

The hundreds of millions of money was given by Jawahirul Fuad, the owner of the UD Logam Jaya business. He experienced legal problems related to the management of B3 waste without a permit and was found guilty with a sentence of 1 year in prison.

The giving of the money began when Jawahirul contacted Mohammad Hani as the village head of Kedunglosari, in July 2021. He asked for help to find a case management route at the Kasasi level in Mahmakah Agung (MA).

Then, Jawahirul and Mohammad Hani met with Agoes Ali Masyhuri at the Bumi Sholawat Islamic Boarding School, Jalan Kyai Dasuki No. 1 Lebo, Sidoarjo District, Sidoarjo Regency, on July 14, 2021.

During the meeting, Agoes Ali Masyhuri suggested that the two contact Ahmad Riyad to ask for help.

"Agoes Ali Masyhuri contacted Ahmad Riyad by conveying the problem from Jawahirul Fuad which then Ahmad Riyad asked Jawahirul Fuad and Mohammad Hani to come to his office," said the prosecutor.

They then met. In the conversation, Ahmad Riyad agreed to connect Javahirul to Gazalba Saleh. However, Jawahirul had to prepare Rp 500 million.

"Ahmad Riyad checked the Case Investigation Information System (SIPP) related to the Jawahirul Fuad case with the cassation case register Number 3679 K/PID.SUS-LH/2022, with the composition of the Cassation Judges, namely Desnayeti, Yohanes Priyatba, and Gazalba Saleh (Defendant)," he said.

"After finding out that one of the judges who tried the case was the Defendant, Ahmad Riya agreed to connect Jawahirul Fuad to the Defendant by providing Rp500,000,000.00 to be given to the Defendant, after which Ahmad Riyad contacted the Defendant," continued the prosecutor.

Jawahirul handed over the Rp 500 million to Ahmad Riyad on July 30, 2022. Then, Ahmad Riyad met Gazalba to convey Javahirul's request to be decided freely in the case at the cassation level.

After receiving the money, Ahmad Riyad met the defendant and submitted a request from Jawahirul Fuad regarding the cassation case Number 3679 K/PID.SUS-LH/2022 so that the verdict was declared free.

Following up on the request, the defendant Gazalba asked Prasetio Nugrohoselaku Assistant Hakim Agung to resummate case Number 3679 K/PID.SUS-LH/2022 with the verdict 'Kabul Terdakwa' even though the case file has not yet entered the defendant's room.

The resume made by Prasetio was used by Gazalba as the basis for making judges' opinion sheets or a blaad assessment.

Until finally, the verdict of the case against Jawahirul was declared free on September 6, 2022.

"On September 6, 2022, at the Office of the Supreme Court of the Republic of Indonesia, JI Medan Merdeka Utara No. 9-13, Central Jakarta held a deliberation on the decision of case Number 3679 K/PID.SUS-LH/2022 with the decision to grant the cassation request of the Cassation Petitioner IlWAWAHIRUL Fuad, which in essence Jawahirul Fuad was declared free or the indictment was declared unproven," said the KPK prosecutor.

After the verdict was read out, Ahmad Riyad met Gazalba on Jalan Ir. Haji Juanda, Sedati District, Sidoarjo Regency, in September 2022.

At the meeting, Ahmad Riyad handed over money to Gazalba worth SGD 18,000 which is part of Rp 500 million.

Then, Ahmad Riyad asked for additional money from Jawahirul Fuad worth Rp. 150 million, in September 2022.

The KPK prosecutor said that out of a total of Rp. 650 million, Gazalba received a share of Rp. 200 million or SGD. 18,000. Meanwhile, Ahmad Riyad received a share of Rp. 450 million.

"That the defendant together with Ahmad Riyad received money from Javahirul Fuad in total amounting to Rp. 650,000,000. Where the defendant received a share of SGD of 18,000 or equivalent to Rp. 200,000,000. Meanwhile, the remaining Rp. 450,000,000 is part received by Ahmad Riyad Terhadap penerimaan gratifikasi in the form of a sum of the above money," said the prosecutor.

In this case, Gazalba is suspected of violating Article 12 B in conjunction with Article 18 of the Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) of the 1st Criminal Code.