Convicted Of Corruption In The Iron Sand Mine Block Of Dedalpak, East Lombok, Po Suwandi, Was Detained

The executor prosecutor brought Po Suwandi (left), convicted of corruption in the Iron Sand mining Block of Dedalpak during the execution of the detention of the Supreme Court's cassation decision at the NTB Prosecutor's Office, Mataram, Thursday (19/9/2024). (ANTARA/Dhimas B.P.)

The West Nusa Tenggara High Prosecutor's Office carried out the execution of Po Suwandi's detention, who is now a convicted person of corruption in the iron sand mine Block Dedalpak, East Lombok Regency, based on the Supreme Court's cassation decision which has permanent legal force.

Deputy Head of the NTB Prosecutor's Office, Dedie Tri Hariyadi, confirmed that Po Suwandi was detained today by the executing prosecutor from the Special Crime Division of the NTB Prosecutor's Office.

"Yes, he was executed at the Class II A Prison in West Lombok," said Dedie in Mataram, Antara, Thursday, September 19.

The Prosecutor's Office carried out the execution of detention after receiving an excerpt from the Supreme Court's cassation decision Number: 4960 K/Pid.Sus/2024 dated August 28, 2024. In the excerpt of the Supreme Court's decision, the judge rejected the appeal of the public prosecutor and the defendant Po Suwandi.

"Because the cassation decision was rejected, of course, confirming the decision of the NTB High Court, the status of city detention has been removed and returned to the verdict that sentenced him to 13 years in prison, that is the consideration of execution," he said.

If the convict refuses to sign a letter of execution of detention, Dedie ensures that he will elaborate this in the minutes. "Yes, we will make an official report if the person concerned does not want to sign (execution letter). The important thing is that we have received an excerpt of the verdict. That's official," he said.

Meanwhile, Lalu Kukuh Kharisma as Po Suwandi's legal adviser admitted that he was surprised by the prosecutor's move to execute detention before receiving a copy of the full cassation decision from the Supreme Court.

"I just received the news, when Mr. Po Suwandi was obliged to report, executed. We don't understand the prosecutor, why does he seem in a hurry," said Kukuh.

Having not received a copy of the full cassation decision from the Supreme Court, Kukuh asked his client not to sign the detention execution letter.

"If we tell you not to sign, so what do you want to do with the execution? The judge's consideration is not there (in the decision). Therefore, it is regulated in the Criminal Procedure Code, the execution is carried out after a complete copy of the verdict is made," he said.

Therefore, by not signing the detention letter, Kukuh assessed that his client's detention status at the Class II A Prison in West Lombok was still a prisoner.

"So, it's not being detained, it's being deposited until it's waiting for a copy of the full verdict to be received. Pak Po Suwandi in a sick condition should have discretion from them (jaksa)," he said.

Spokesperson for the Mataram District Court Kelik Trimargo admitted that he had just submitted an excerpt from Po Suwandi's cassation decision to the prosecutor's office and the defendant.

"Not yet complete verdict, just excerpt. Last Wednesday (18/9) we conveyed it to the parties," said Kelik.

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. So the execution of the verdict refers to 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.

For confirming the decision of the first instance court, the panel of judges at the appeal level also determined that the defendant Po Suwandi remained a city prisoner.

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.

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 activity plan and budget (RKAB) from the Ministry of Energy and Mineral Resources.