Supreme Court Rejects Cassation Of 2 Defendants Of Corruption In The Iron Sand Mining

The photo-Director archive of PT AMG, which was accused of corruption in the iron sand mine in the Dedalpak Block, Po Suwandi, smiled in the courtroom/ANTARA

The Supreme Court Judge rejected the appeal of two defendants of corruption in the iron sand mine PT Anugrah Mitra Graha (AMG) in the Dedalpak Block, East Lombok Regency, West Nusa Tenggara, on behalf of Po Suwandi and Rinus Adam Wakum. Spokesperson for the Mataram District Court Kelik Trimargo said the cassation decision of the two defendants was based on information conveyed in the Case Investigation Information System (SIPP) belonging to the Supreme Court. "Yes, that's just a notification at the SIPP Supreme Court, if the case has been decided," said Kelik in Mataram, Antara, Friday, September 6. Kelik emphasized that the Mataram District Court had not yet received the excerpt file or a copy of the cassation decision of the two defendants. "So, the file has not yet returned to the Mataram District Court, usually after it is decided, the excerpt will only follow its delivery," he said. In the decision of the Supreme Court with case Number: 4960 K/Pid.Sus/2024 dated August 28, 2024, the judge rejected the appeal of the public prosecutor and the defendant Po Suwandi. Likewise in the decision on the case belonging to Rinus Adam Wakum Number: 4279 K/Pid.Sus/2024 dated August 15, 2024, the Supreme Court judge rejected the appeal of the public prosecutor and the defendant. Po Suwandi and Rinus Adam Wakum are two of the eight defendants in iron sand corruption in the Dedalpak Block. Both are part of the management of PT AMG. Po Suwandi as Director of PT AMG and Rinus Adam Wakum is the Branch Head of PT AMG East Lombok. In the decision of the NTB High Court, the panel of judges at the appeal level in the verdict number: 2/PID.TPK/2024/PT MTR upheld the decision of the Corruption Court at the Mataram District Court belonging to the defendant Po Suwandi dated January 5, 2024 with case number: 17/Pid.Sus-TPK/2023/PN Mtr. The Corruption Court at the Mataram District Court in the verdict of the defendant Po Suwandi previously sentenced him to 13 years in prison and a fine of Rp. 500 million, subsidiary to 6 months in prison. In the first instance court decision with the chairman of the panel of judges, Isrin Surya Kurniasih, it also charged the defendant to pay compensation for state losses worth Rp. 17.7 billion, subsidiary to 6 years in prison. The judge determined the amount of replacement money for the defendant Po Suwandi referring to the results of the audit of state financial losses from BPKP NTB worth Rp36.4 billion. The judge also determined that the public prosecutor should confiscate and deposit the defendant's deposit of Rp800 million into the state treasury and take into account as part of the payment of compensation for state financial losses. In the verdict, the first instance court judge determined that the defendant should remain in city custody. The judge conveyed this decision by stating that the defendant's actions as Director of PT AMG violated Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001 jo. Article 55 paragraph (1) 1st of the Criminal Code in accordance with the primary alternative indictment of the public prosecutor. In the first instance court decision, the judge stated that the defendant was the first person to be responsible for PT AMG's activities mining of iron sand in the Dedalpak Block in 2021 and 2022 without obtaining approval of the planned activities and budget (RKAB) from the Ministry of Energy and Mineral Resources of the Republic of Indonesia. For Rinus Adam Wakum, the appeals court judge changed just an additional penalty from Rp8.2 billion to Rp18.7 billion, a subsidiary of 6 years in prison. The replacement money charged by the judge at the appeal level to the defendant Rinus Adam Wakum was in accordance with the prosecutor's demands. The judge at the appeal level in the ruling stipulates the main sentence against Rinus Adam Wakum in accordance with the decision of the Corruption Court at the Mataram District Court. In the first instance court decision, the panel of judges chaired by Isrin Surya Kurniasih sentenced him to 14 years in prison and a fine of Rp. 650 million, subsidiary to 6 months in prison.

The judge conveyed this decision by stating that the defendant's actions violated Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001 jo. Article 55 paragraph (1) of the 1st Criminal Code in accordance with the primary alternative indictment of the public prosecutor. In the verdict, the judge stated that the defendant as the Head of the Branch of PT AMG East Lombok also enjoyed the profit of selling iron sand mining activities in the Dedalpak Block which will run in 2021 and 2022 without obtaining approval from the planned activities and budget (RKAB) from the Ministry of Energy and Mineral Resources of the Republic of Indonesia.