High Court Increases Sentence for Former DKI Head of Education to 12 Years in Prison

"The PSBB Kom event has been held since 2019. The event has been held in various locations, including the National Museum of Indonesia, the National Museum of Art, and the National Museum of Art, Indonesia," said the Head of the National Museum of Art, Indonesia, Iwan Henry Wardhana.

JAKARTA - The DKI Jakarta High Court (PT) has increased the sentence of the Head of the DKI Jakarta Culture Service (Kadisbud) Iwan Henry Wardhana for 2020-2024 to 12 years in prison in a case of alleged corruption in the form of the creation of a fictitious letter of responsibility (SPJ).

Presiding Judge Teguh Harianto stated that the Corruption Court's Panel of Judges at PT DKI Jakarta considered Iwan, as the Head of the DKI Jakarta Provincial Culture Service, to have not carried out his functions and duties in accordance with the oath of office he took.

"In fact, the criminal act started with Iwan's actions who dragged the other defendants," said the Chief Judge in a copy of the ruling, reported by ANTARA, Friday, December 19.

In addition, the other reason why the Panel of Judges increased the sentence from 11 years in prison is that Iwan is the motor of the criminal act, there has been no effort by Iwan to return the state's losses for the criminal act committed, and in the midst of concerns about the state's finances, Iwan is actually having fun in embezzling state finances.

Meanwhile, for the amount of the fine, the Chief Judge said the value imposed on Iwan remained the same as the first instance court's decision, namely Rp. 500 million. However, for the substitute penalty if the fine is not paid (subsider) it increases to 6 months from 3 months of imprisonment.

Likewise, regarding the additional criminal amount imposed, the Panel of Judges increased it to Rp. 20.5 billion in addition to a 6-year imprisonment, from the previous Rp. 13.53 billion in addition to a 5-year imprisonment.

Regarding the replacement money, the DKI Jakarta High Court's panel of judges weighed it because they agreed with the public prosecutor.

The reason is that in the facts of the trial, continued the Chief Justice, Iwan received money from the owner of the event organizer (EO) Gerai Production (GR PRO) Gatot Arif Rahmadi amounting to IDR 15.7 billion and witness Ni Nengah Sutiarsih of IDR 500 million.

Iwan also used a portion of the budget for activities in the 2022 to 2024 DKI Jakarta Provincial Culture Service budget of Rp. 4.3 billion for New Year's money, Raya Allowance (THR), interim activities, refreshment or refreshing activities, and pocket money for buying flowers.

Not only for Iwan, the panel of judges also increased the sentences of the other two defendants who were tried together earlier, namely Gatot and the Head of the Utilization Division of the DKI Jakarta Culture Service in 2024, Mohamad Fairza Maulana.

Gatot's sentence was increased to 9 years in prison from 8 years; the fine remains the same at Rp. 500 million but the subsider increases to 6 months in prison from 3 months; and the substitute money becomes Rp. 13.41 billion subsider 4 years in prison from Rp. 13.26 billion subsider 3 years, taking into account the assets that have been confiscated.

Meanwhile, Fairza's sentence was increased to 8 years in prison from 6 years; the fine remains the same at Rp. 500 million but the subsider becomes 6 months in prison from 3 months; and the substitute money becomes Rp. 1.44 billion from Rp. 841.5 million but the subsider remains for 3 years in prison.

Thus, the Corruption Court Panel of the PT DKI Jakarta still stated that the three defendants were proven to have violated Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended and supplemented by Law Number 20 of 2001 jo. Article 55 paragraph (1) of the Criminal Code jo. Article 64 paragraph (1) of the Criminal Code.

In this case, the three were charged with causing damage to state finances of IDR 36.32 billion. Iwan allegedly directed that all activities of the Community-Based Cultural Arts Festival (PSBB) be handed over to Gatot.

This was done with an agreement that Gatot would contribute money to be handed over to Iwan.

During the period 2022-2024, Gatot, on the basis of the appointment from Iwan and the direction of Fairza, has managed around 101 PSBB Community events, 746 PKT, and three Jakarnaval, with the realization of payment after tax deduction of Rp. 38.66 billion.

"The total expenditure was only Rp8.19 billion, while the remaining payment was misused by Rp30.46 billion.

"The amount of money that was not paid was allegedly used to contribute money to Iwan, Fairza, Gatot, and other parties.