JAKARTA - The Liaison of the West Nusa Tenggara (NTB) Judicial Commission (KY) pays attention to the postponement for the third time the agenda of the trial for the decision on the exploitation of water resources in Gili Trawangan with the defendants named William John totaling and Samsul Hadi.
"Actually, the trial of this case has been our attention from the start, of course there have been three delays, this is included in our attention," said NTB KY Liaison Coordinator Ridho Ardian Pratama in Mataram, NTB, Wednesday, October 30, as reported by Antara.
Regarding the reason for the postponement of the last trial which took place at the Mataram District Court (PN), Tuesday, October 29, this was because the panel of judges had not yet reached an agreement in making decisions.
According to Ridho, this has not been a public basis or KY as an external supervisor to raise suspicions about the behavior of judges.
For potential bribery in the judicial process, he said, of course there must be more in-depth investigation. Evidence stating that there is a criminal potential, both in the form of information and field data, must be a strengthening basis in KY's search.
"So, postponement of the trial is something that usually happens for a certain reason," he said.
Regarding the postponement of the trial for the third time, the attention of the NTB High Prosecutor's Office (Kejati) as the party in the public prosecutor's position has also been paid attention.
Spokesperson for the NTB Prosecutor's Office, Denny Iswanto, said that his party could not respond to the postponement of the trial.
"However, in essence, whatever the judge's decision is, we are ready. If the verdict is lower than the demands, we will take legal action in accordance with the Criminal Procedure Code," said Denny.
The panel of judges who heard this case consisted of Lalu Moh. Sandi Iramaya as chairman of the panel of judges with members Isrin Surya Kurniasih and Ida Ayu Masyuni.
From the postponement of the last trial, Tuesday, October 29, the public prosecutor and the two defendants through the legal advisory team agreed to the verdict hearing on Thursday, October 31.
The postponement of the trial with the agenda of reading the verdict has been recorded since Friday, October 25.
At the first delay, Chief Justice Lalu Moh. Sandi Iramaya postponed the trial of the verdict on the grounds that two members of the panel were unable to attend because there was an outside service.
The two members who were unable to attend the first delay were Isrin Surya Kurniasih and Ida Ayu Masyuni.
Furthermore, on Monday, October 28, the trial was again postponed due to the reason of Putu Gde Hariadi's farewell ceremony, the Chairman of the Mataram District Court, who received the mandate in his new position as Deputy Chairman of the Surakarta District Court.
The postponement was confirmed by Mataram District Court Spokesperson Kelik Trimargo. Because of the event, the entire trial on Monday, October 28 was postponed.
The public prosecutor previously demanded to charge the two defendants of exploitation of water resources in Gili Trawangan to pay a fine of Rp. 5 billion, subsidiary to 6 months in prison.
For the main sentence, the prosecutor demanded that the judge impose a sentence of 6 years in prison for the defendant William JohnâCinta as Director of PT Berkah Air Laut (BAL) and 5 years in prison to Samsul Hadi, Director of PT Gerbang NTB Emas (GNE).
The prosecutor stated that the two defendants did not support the government's efforts in the natural conservation program in Gili Trawangan and had enjoyed the results of exploitation activities without permission from the government.
For the defendant John aired, the prosecutor demanded that the judge punish the defendant in violation of Article 68 letters a and b of Law Number 17 of 2019 concerning Water Resources.
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The prosecutor saw that John Allah's actions as Director of PT BAL had been proven to have committed a criminal act of exploiting water resources which resulted in damage to water sources or causing water pollution or water damage in Gili Trawangan.
For the defendant Samsul Hadi, the prosecutor demanded that the judge punish the defendant in violation of Article 68 letters a and b of Law Number 17 of 2019 concerning Water Resources in conjunction with Article 56 paragraph (2) of the Criminal Code.
In accordance with Article 56 paragraph (2) of the Criminal Code, the prosecutor stated that Samsul Hadi was helping John airing in the criminal act.
In addition, the prosecutor in charge asked the judge to decide that the two defendants should serve the detention of the detention center.
All operational facilities and infrastructure for groundwater management activities resulting from the collaboration between PT BAL and PT GNE are requested to be confiscated by the state and some of them power houses are auctioned to be used as a cost of rehabilitation and natural conservation.
The prosecutor also asked that the two drilling wells belonging to PT BAL be closed by the Ministry of Energy and Mineral Resources (ESDM).
The two defendants in this case are city prisoners. The transfer of detention status was determined in court based on the decision of the chairman of the panel of judges.
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