The Panel of Judges at the West Nusa Tenggara High Court in the appeal decision still sentenced the Director of CV Putra Andalan Marine (PAM), Engkus Kuswoyo alias Edwin, to be the recipient of the working capital loan from the West Sumbawa Regional Company (Perusda).
The panel of judges chaired by I Wayan Wirjana with members Ni Made Sudani and Rodjai S. Irawan conveyed that Edwin's appeal decision was in an open trial via live broadcast on the NTB High Court YouTube channel, Wednesday, July 10.
"The defendant Engkus Kuswoyo alias Edwin was sentenced to 6 years in prison," said Wayan Wirjana as quoted by Antara.
The judge also imposed a fine on the defendant with a value of Rp. 300 million, subsidiary to 6 months in prison to replace the fine. The principal sentence handed down by this judge is in accordance with the decision of the Corruption Court at the Mataram District Court Number: 35/Pid.Sus-TPK/2023/PN Mtr dated April 24, 2024.
In the decision, the judge at the appeal level only changed the qualifications for criminal acts, replacement money, and evidence according to the memorandum of appeal from the public prosecutor and the defendant.
The judge stated that the defendant's qualifications were in the moderate category by looking at the figure of state financial losses that appeared worth Rp. 2.25 billion by having a limited impact on the scope in West Sumbawa Regency.
"Receiving the appeal of the public prosecutor and the defendant and changing the court's decision at the first level which was asked for an appeal regarding the qualifications for criminal acts, replacement money, and evidence," he said.
Thus, the judge sentenced the main sentence according to the primary indictment of the public prosecutor in the first instance court decision which stated that the defendant Edwin was found guilty of committing a criminal act of corruption together with another defendant, namely Sadiqsah, continuously.
The primary indictment relates to Article 2 paragraph (1) in conjunction with Article 18 of Law of the Republic of Indonesia Number 20 of 2001 concerning amendments to Law of the Republic of Indonesia No. 31 of 1999 concerning Eradication of Criminal Acts of Corruption jo. Article 64 paragraph (1) of the Criminal Code jo. Article 55 paragraph (1) 1st of the Criminal Code.
For additional penalties in the form of replacement money, the judge at the appeal level charged the defendant to pay Rp412.5 million, a subsidiary of 2 years in prison.
The value of this replacement money is lower than the court's first-degree decision with a value of Rp. 462.5 million. The difference of Rp. 50 million, the judge saw that the defendant had been sent back at trial.
"So that the defendant's deposit of Rp. 50 million was confiscated to reduce the cost of compensation for state financial losses," said the judge.
In addition, the judge at the appeal level also asked the prosecutor to seize and auction off seven plots of land and buildings above which came from the confiscation of the defendant's belongings.
"All evidence of certificates of seven land parcels and their buildings were confiscated for auction by the prosecutor and the auction proceeds were calculated as part of the payment of replacement money charged to the defendant. If there is any remaining (the proceeds from the auction), they will be returned to the defendant," he said.
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