Judge's Reason For 12 Years' Demand Harvey Moeis Is Too Heavy

Harvey Moeis/ANTARA PHOTO/AKBAR NUGROHO GUMAY)

The panel of judges assessed that the criminal charges of the public prosecutor (JPU) against the defendant Harvey Moeis were too heavy. One of the reasons is because Sandra Dewi's husband is not included in the management structure of PT Refined Bangka Tin (PT RBT).

"The panel of judges considers that the guidance of imprisonment is too heavy when compared to the defendant's mistake according to the chronology of the case," said the judge during a trial at the Jakarta Corruption Court, Monday, December 23.

According to the panel of judges, the defendant Harvey Moeis was involved in the series of cases at the moment PT Timah was trying to increase export production and sales.

Even with PT RBT represented by the defendant Harvey Moeis, the private smelter company is also doing the same thing.

"That if the defendant is associated with PT RBT if there is a meeting with PT tin TBK, the defendant appears to represent and on behalf of PT RBT, but the defendant is not included in the management structure of PT RBT, the defendant is not included in the commissioner, is not included in the board of directors, and is not a shareholder," said the judge.

In addition, the panel of judges also considered Harvey Moeis' confession which stated that he helped PT RBT because there was a friendship with Suparta as the company's main director.

Moreover, the defendant is said to have experience managing a coal mining business in Kalimantan.

Then, Harvey Moeis, who is not a PT RBT administrator, is considered not to have the authority to make decisions.

"That the defendant is not the company's management of PT RBT, so the defendant is not the decision maker for the cooperation between PT tin TBK and PT RBT, nor does the defendant not know the administration and finance both at PT RBT and PT tin TBK," he said.

"That with this situation the defendant did not play a major role in the tin fusion cooperation relationship between PT tin TBK and PT RBT and other tin smelter entrepreneurs who collaborated with PT tin TBK," continued the judge.

The panel of judges also argued that PT Timah TBK and PT RBT were not illegal miners. This is because the two companies have IUPs and IUCPs.

"People who carry out illegal mining are thousands of people," said the judge.

Harvey Moeis was found guilty in a corruption case in the management of tin commodity trading. Thus, the panel of judges sentenced him to 6.5 years in prison.

"The defendant was sentenced to 6 years and 6 months in prison," said the judge.

This criminal sentence is lighter than the prosecutor's demands. This is because at the previous trial the prosecutor charged Harvey Moeis with imprisonment for 12 years.

However, the judge also imposed a fine on Sandra Dewi's husband in the amount of Rp. 1 billion.

"A fine of Rp. 1 billion, provided that if the fine is not paid, it will be replaced with imprisonment for 6 months," said the judge.

In his ruling, the judge also sentenced Harvey Moeis to pay compensation for state losses caused by corruption.

If Sandra Dewi's husband does not have the ability, then her assets will be confiscated and auctioned off to pay or replace the state's losses.

"Punishing the defendant to pay compensation for state financial losses amounting to Rp210 billion," said the judge.