Judge's Mistakes In Mardani H. Maming's Verdict, Three Legal Professors Raise Their Votes

Mardani H. Maming. (Doc VOI)

JAKARTA Three prominent law professors urged Mardani H. Maming to be released immediately for the sake of law and justice. The pressure was conveyed after conducting an in-depth study of the court's decision which sentenced Mardani to 12 years in prison, as well as a fine of Rp. 500 million and the obligation to pay compensation of Rp. 110.6 billion. This statement was released on Sunday, October 20.

The three professors of law are Prof. Dr. Topo Santoso, SH, MH, Professor of Criminal Law at the University of Indonesia, Prof. Dr. Yos Johan Utama, SH, M. Hum, former Chancellor of Diponegoro University, and Prof. Dr. Romli Atmasasmita, SH, LLM, Professor of Criminal Law at Padjadjaran University.

The Judge's mistake

Prof. Dr. Topo Santoso emphasized that the verdict against Mardani H. Maming contained a real mistake. According to him, the element of receiving a gift charged with not being proven, because business transactions such as fees, dividends, and debt receivables are civil relations that should not be drawn into the criminal realm. He emphasized that the decision of the Commercial Court which stated that there was no agreement secretly supports the argument that there was no causal relationship between Mardani's decision as Regent and acceptance of fees or dividends.

"There is no malicious intent (Mens rea) in Mardani's actions. Therefore, he should be released," said Prof. Topo, who is also active as a candidate for Corruption Court Justice at the Supreme Court.

Administrative Rights Are Not Violated

Prof. Dr. Yos Johan Utama, Professor of State Administration Law, Diponegoro University, also strengthened this view. He highlighted that Mardani's decision regarding the transfer of the IUP as the Regent was legally valid and was never canceled by the State Administrative Court (PTUN). According to him, the Corruption Court does not have the authority to assess the validity of the administrative decision.

Article 93 paragraph 1 of Law no. 4 of 2009 concerning Minerba Mining regulates the prohibition against IUP holders, not to the Regent. Thus, Mardani H. Maming cannot be punished for this decision, "explained Prof. Yos.

Legal Misperception In Mardani H. Maming's Case

Meanwhile, Prof. Dr. Romli Atmasasmita, Professor of Criminal Law at Padjadjaran University, confirmed that Mardani H. Maming's case reflected eight serious mistakes in the legal process. The head of the Corruption Eradication Bill and the Draft Law on the Establishment of the KPK considers that the sentencing decision against Mardani is not based on clear legal facts, but rather on the wrong interpretation by law enforcement.

"This legal process does not only contain mistakes, but also shows serious legal errors," said Prof. Romli.

The three professors of law agreed that based on the analysis of legal arguments and the facts of the trial, Mardani H. Maming must be immediately released for justice.