SYL Legal Expert Says Demanded A Maximum Of Only 20 Years In Prison And A Fine Of IDR 1 Billion

The trial with the defendant Syahrul Yasin Limpo at the Central Jakarta District Court (Rizky AP/VOI)

JAKARTA - Minister of Agriculture (Mentan) for the 2019-2023 period Syahrul Yasin Limpo (SYL) has the opportunity to be sentenced to a maximum sentence of up to 20 years in prison and a fine of IDR 1 billion in the alleged extortion or acceptance of gratuities within the Ministry of Agriculture (Kementan). The opportunity for this claim was revealed by criminal law expert Prof. Hibnu Nugroho.

"The demand can be maximized, but if the decision is later in accordance with the considerations of the Panel of Judges," Hibnu said when contacted in Jakarta, reported by ANTARA, Tuesday, June 18.

He explained that the maximum demand could be imposed on SYL because many parties were harmed and various facts in the trial had been clearly revealed and confirmed by the number of witnesses and evidence, so there was no doubt. Previously, the Prosecutor had also mentioned that he would sue SYL with a maximum sentence.

As for the trial of examining witnesses in the SYL case, not only his subordinates at the Ministry of Agriculture felt aggrieved by SYL's extortion, but also among other things, the Ministry of Agriculture vendors to travel provider agents and it was also revealed that there was a state budget used by SYL.

Based on Law (UU) Number 31 of 1999 concerning the Eradication of Corruption Crimes (Tipikor) as amended by Law Number 20 of 2001, civil servants or state administrators who commit extortion or gratification are threatened with life imprisonment or imprisonment for a minimum of 4 years and a maximum of 20 years.

The perpetrators are also threatened with a fine of at least Rp. 200 million and a maximum of Rp. 1 billion.

Nevertheless, Hibnu assessed that the threat of punishment was only based on the initial indictment alleged against SYL, so that if SYL was also charged with Money Laundering (TPPU) in the next trial, the sentence would increase.

"The potential sentence of 20 years in prison is only for extortion, if later there is an additional money laundering offense and it is proven that it means more," he said.

In Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering, the maximum sentence of money laundering offenses, namely 20 years imprisonment and a fine of Rp. 10 billion.

However, referring to Law Number 1 of 2023 concerning the Criminal Code (KUHP) which was only promulgated on January 2, 2023, the maximum sentence of TPPU is 15 years in prison and a fine of Rp. 5 billion.

In the alleged corruption case within the Ministry of Agriculture, SYL was charged with extortion or receiving gratuities totaling Rp44.5 billion.

The extortion was carried out by SYL together with the Secretary-General of the Ministry of Agriculture for the period 2021-2023 Kasdi Subagyono and the Director of Agricultural Equipment and Machinery of the Ministry of Agriculture (in 2023) Muhammad Hatta, who was also a defendant in the case.

Both of them are coordinators of collecting money from echelon I officials and their staff, among others, to pay for SYL's personal needs and his family.

For his actions, SYL was charged with violating and being threatened with crime in Article 12 letter e and Article 12 letter f or Article 12B in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001 jo. Article 55 paragraph (1) 1st of the Criminal Code jo. Article 64 paragraph (1) of the Criminal Code.