Surgeon Law Expert Mardani Maming Case In Examination Book

The defendant in the gratification case for the granting of mining business permits (IUP) Mardani H. Maming. (Intermediate Doc)

JAKARTA - Legal experts conducted an examination of the corruption case of the former Regent of Tanah Bumbu, Mardani H. Maming, which was stated in a book entitled Expressing Errors and Mistakes of Judges in Handling Mardani H. Maming's Case.

Criminal Law Teacher at the Faculty of Law (FH) of the Islamic University of Indonesia (UII), Mahrus Ali, said that Mardani's actions in issuing Regent's Decree Number 296/2011 concerning Approval for Delegating Production Operations Mining Business Permits (IUP-OP) from PT BKPL to PT PCN did not violate the rules.

Norma Article 93 of Law Number 4 of 2009 concerning Minerba is addressed to IUP holders, not to regent positions. As long as the terms in the provisions are fulfilled, the IUP transition is allowed," said one of the examinators and editors as stated in a written statement reported by Antara, Sunday, October 6.

Meanwhile, Professor of State Administration Law FH UII, Ridwan, said that requests for the transition of IUP-OP do not need to attach administrative, technical, environmental, and financial requirements. The reason is, these requirements are attached to the permit that has been transferred.

According to another examinator, Karina Dwi Nugrahatati Putri, if it can be proven that the receipt of money by PT TSP and PT PAR purely comes from the advantages of operating the port of PT ATU based on a valid agreement, then the assumption that the receipt is related to the transition of IUP-OP through the Regent's Decree becomes baseless.

"Judex facti (compression of judges) has excluded the evidence revealed at the trial regarding the receipt of money by PT TSP and PT PAR which has nothing to do with the transition of IUP-OPs and not as gifts," said Karina, who is a lecturer at the Department of Business Law. FH Universitas Gadjah Mada.

The examination of Mardani H. Maming's case was carried out by a number of examinators, namely Hanafi Amrani, Ridwan, Mudzakkir, Eva Achjani Zulfa, Mahrus Ali, Karina Dwi Nugrahati Putri, Ratna Hartanto, Ridwan Khairandy, Arif Setiawan, and Nurjihad. The examinators explained their views during a book review event in Sleman, Yogyakarta, Saturday (5/10).

In this case, the Banjarmasin High Court, South Kalimantan, sentenced Mardani H. Maming to 12 years in prison and a fine of Rp. 500 million, subsidiary to 4 months in prison. Mardani was also sentenced to pay compensation of Rp. 110.6 billion.

The decision at the appeal level increased the first instance court verdict. Previously, the Banjarmasin Corruption Court sentenced him to 10 years in prison, a fine of Rp. 500 million, subsidiary to 4 months in prison, and compensation of Rp. 110.6 billion.

He was found guilty of violating Article 12 letter b in conjunction with Article 18 of the Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption.

Mardani, who previously served as General Chair of the Central Executive Board of the Indonesian Young Entrepreneurs Association, was charged with receiving gifts or gratuities from a mining entrepreneur, namely the former Director of PT PCN late Henry Soetio.

He was charged with receiving gratuities from Henry with a total of no less than Rp118 billion while serving as Regent of Tanah Bumbu. The gratuity is related to the Decree of the Regent of Tanah Bumbu Number 296 of 2011 concerning Approval for Transfer of IUP-OP from PT BKPL to PT PCN.