KY Ready To Receive Reports On The Free Verdict Of Chinese Citizens Illegal Miners

Member and Spokesperson for the Judicial Commission (KY) Mukti Fajar Nur Dewata. BETWEEN/HO-KY RI/AM.

The Judicial Commission invites the public to report if they find evidence of violations of the Code of Ethics and Code of Conduct of Judges (KEPPH) of the panel of judges of the Pontianak High Court who handed down acquittal against foreign nationals from China in the alleged case of mining without a permit.

"Later on, KY will process the report in accordance with applicable procedures to see if there are allegations of violations of the judge's code of ethics," said KY member and spokesman Mukti Fajar Nur Dewata as reported by ANTARA, Thursday, January 16.

Mukti admitted that the acquittal drew public attention for injuring the sense of justice. In this case, KY will pay attention to cases that attract public attention as well as will explore the case.

"The public can report if there are allegations of violations of the judge's code of ethics accompanied by supporting evidence so that later the report can be followed up by KY in accordance with existing procedures," he also said.

The Pontianak High Court received an appeal and acquitted the defendant Yu Hao (49), the owner of the company Pu Er Rui Hao Lao Wu You Xian Gong Si, for not being found guilty of committing an illegal mining crime.

"Declaring that the defendant Yu Hao is not legally and convincingly proven guilty of committing a criminal act of mining without a permit as stated in the single indictment of the public prosecutor," reads the excerpt of Decision Number 464/PID.SUS/2024/PT PTK which was pronounced on Monday (13/1).

The panel of judges who decided, among others, the Deputy Chairperson of the Pontianak High Court Isnurul Syamsul Arif as the presiding judge of the assembly and Eko Budi Supriyanto and Pransis Sinaga, respectively as member judges.

The acquittal handed down by the panel of judges at the Pontianak High Court also canceled the decision of the Ketapang District Court Number 332/Pid.Sus/2024/PN Ktp dated October 10, 2024.

The Ketapang District Court sentenced the public prosecutor to 3 years and 6 months in prison and a fine of Rp. 30 billion, subsidiary to 6 months in prison. The verdict is lighter than the demands of the public prosecutor, namely a 5-year prison sentence and a fine of Rp. 50 billion, subsidiary to 6 months in prison.

Yu Hao was charged with mining without a permit in February 2024 in Ketapang Regency, West Kalimantan, violating Article 158 of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining.

His actions were allegedly detrimental to the state up to Rp1,020,622,071,358.00 (Rp1.02 trillion) due to the loss of 774,274,26 grams of gold reserves (774.27 kilograms) and 937,702.39 grams of silver (937.7 kilograms).