Judge Handles Other Trials, Decision Of 2 Defendants Of Bribery-Gratification Of Governor Of North Maluku AGK Postponed

The former Governor of North Maluku for two terms, Abdul Gani Kasuba (AGK) after undergoing a trial with the agenda of reading the KPK prosecutor's indictment, Wednesday 15 May 2024. (ANTARA-Abdul Fatah)

JAKARTA - The Panel of Judges at the Ternate District Court (PN) postponed the agenda for the verdict of two defendants Stevi Thomas and former Head of the North Maluku Disperkim Adnan Hasanuddin.

Both are defendants of corruption in the arrangement of infrastructure development projects as well as the procurement of goods and services in North Maluku Province (Malut) involving the Governor of North Maluku Abdul Gani Kasuba (AGK).

"Sedianya, hari ini Majelis Hakim membacakan putusan terhadap dua terdakwa kasus OTT Gubernur Malut, tetapi ada majelis hakim harus memimpin sidang kasus korupsi lainnya, sehingga putusannya ditunda," kata Ketua Majelis Hakim,menung F. Tampubolon di Ternate, Rabu 15 Mei, disitat Antara.

According to him, the trial with the agenda of the verdict of the two defendants Stevi Thomas and former Head of the North Maluku Disperkim Adnan Hasanuddin in the OTT case of the Governor of North Maluku Abdul Gani Kasuba is scheduled for Thursday (16/5/2024).

As is known, the KPK prosecutor charged the defendant Stevi Thomas with imprisonment of 2 years and 2 months in the bribery case of the former Governor of North Maluku AGK.

This is based on the description above, the public prosecutor concluded that the defendant legally and convincingly according to law has been guilty of committing a criminal act of corruption as regulated and threatened in Article 5 Paragraph 1 letter a of Law of the Republic of Indonesia Number 31 of 1999 in conjunction with Article 64 Paragraph 1 KHUPidana as in the first indictment, so the defendant is sentenced to 2 years and 2 months in prison.

KPU prosecutor Andry Lesmana was contacted to say that the aggravating things of the defendant's actions did not support government regulations in eradicating corruption, while the things that eased the defendant, namely having family responsibilities, being polite and respecting the trial, had never been convicted and regretted his actions.

"We, the public prosecutor in this case, demand that the Corruption Court at the Ternate District Court, which examines and hears this case, declare that the defendant Stevi Thomas is legally and convincingly proven guilty of committing a criminal act of corruption as regulated and is threatened with crime in Article 5 Paragraph 1 letter a of the Anti-Corruption Law. Sentencing the defendant with imprisonment for two years and two months and a fine of Rp. 50 million, subsidiary to imprisonment for two months," he said.

In addition, the prosecutor asked the judge to determine the length of detention for the defendant to be reduced entirely from the sentence imposed.

The KPK prosecutor also demanded that the former Head of the North Maluku Provincial Government, Adnan Hasanuddin, be sentenced to 2 years in prison and 2 months in prison.

In reading out his demands, the KPK prosecutor asked the Corruption Court Panel of Judges who imposed and tried the case to decide, stating that the defendant Adnan Hasanuddin had been legally and convincingly proven guilty of committing a criminal act of corruption as regulated in article 5 Paragraph (1) letter a of Law (UU) Number (No) 31 of 1999 in conjunction with Article 64 Paragraph (1) of the Criminal Code as stipulated in the first indictment.

The KPK prosecutor considered that the aggravating things for the defendant were not supporting the government's program in eradicating corruption, while things that eased the defendant were forthright on his own actions, had family responsibilities, were polite during the trial and had never been convicted.

In addition, the legal facts revealed during the trial were obtained, the KPK prosecutor concluded that the defendant did not find any reason to remove the elements of guilt or criminal responsibility, both the reasons for forgiveness and the reasons for justification as stipulated in Article 44 to Article 52 of the Criminal Code.

"Therefore, the defendant must be held accountable for his actions," said the KPK prosecutor.

After hearing the demands of 2 years and 2 months in prison from the KPK, the defendant Adnan Hasanuddin, through his legal advisor, Rizal Hairun, will conduct a memorandum of defense (pledoi). The defendant and his legal advisor were then given until Friday, May 3, 2024 by the panel of judges.