The End Of The Story Of Pinangki Sirna Malasari, Dismissed By The Attorney General After 'Disentil'

Defendant in the case of accepting bribes from Djoko Tjandra related to the administration of the fatwa of the Supreme Court (MA), Pinangki Sirna Malasari. (Photo: Reno Esnir/Antara)

JAKARTA - Former Pinangki Prosecutor Sirna Malasari has finally been officially fired as a State Civil Apparatus (ASN) or PNS. Pinangki's dismissal was based on the decision of the Attorney General ST Burhanuddin.

The official dismissal was carried out by issuing a decree number 185 of 2021. It said that Pinangki was dishonorably dismissed on 6 August.

"The attorney general's decision stipulates to dishonorably terminate as a civil servant on behalf of Pinangki Sirna Malasari," said Head of the Attorney General's Office (Kejagung) Leonard Eben Ezer Simanjuntak to reporters, Friday, August 6.

In addition, the dismissal decision also refers to a court decision that has permanent legal force. Where, at the first level and on appeal Pinangki was declared legally and convincingly proven to have committed a criminal act of gratification for administering a fatwa of the Supreme Court (MA).

"The decision of the DKI Jakarta High Court Number 10/pidsus-tpk/2021/PTDKI dated June 14, 2021 in which the decision has permanent legal force on behalf of Dr. Pinangki Sirna Malasari SH MH, is declared to have been legally and convincingly proven to have committed a criminal act of corruption, " said Leonard.

Then, the decision also refers to the provisions of Article 87 paragraph 4 letter d of Law number 5 of 2014 concerning ASN and Article 250 letter b of government regulation number 11 of 2017 concerning the management of civil servants as amended by PP number 7 of 2020 concerning amendments to PP number 11 2017 concerning Civil Servant Management.

The regulation states that civil servants are dishonorably discharged if they are sentenced to imprisonment or confinement based on a court decision that has permanent legal force for committing a crime of office or crime related to the position.

"(The decision) revokes the contents of the Attorney General's Decree No. 164 of 2020 dated August 12, 2020, calmly suspends his civil service position on behalf of Pinangki Sirna Malasari," said Leonard.

Not only was he fired, the AGO also ensured that all state facilities that had been enjoyed by Pinangki had been withdrawn. For example, official vehicles and so on.

"For state facilities that exist in Pinangki have been withdrawn, are not held by Pinangki anymore, have been withdrawn from Pinangki," said Leonard.

On the other hand, Leonard slightly touched on the news about Pinangki who was still receiving a salary. It is true.

But the granting of the rights is only 50 percent, and even then it is only for one month. Where, Pinangki has been temporarily suspended based on the Attorney General's decision number 164 of 2020 as of August 12.

"In the Attorney General's decision number 164 of 2020, it also temporarily suspended Pinangki's salary and further gave Pinangki the right to provide temporary details to Pinangki of 50 percent of the benefits received," said Leonard.

Fired After being 'Flicked'

Pinangki's dismissal was only announced after several parties 'flicked' the AGO. Because, previously rumors circulated that Pinangki was still an ASN and received a salary. In fact, its legal status has been signed or has permanent legal force.

One of the parties who spoke out loud was the Coordinator of the Anti-Corruption Society (MAKI) Boyamin Saiman. At that time, he objected to the attitude of Attorney General ST Burhanuddin who did not immediately fire Pinangki.

"According to the provisions of the law, if the person who commits corruption has received an inkrah decision (with permanent legal force) then he is immediately dismissed with disrespect. Just remove the Attorney General," said Boyamin.

According to him, if the Attorney General argues that it is still in the process, it is just an excuse. Should, he said, dismissal with disrespect can be done within a time or days administratively.

"I've seen other prosecutors who were dishonorably dismissed for committing a crime whose punishment was even higher, and this was also another prosecutor who was dishonorably dismissed for allegedly committing corruption, the verdict was inkrah," he said.

"So I think what happened to Pinangki, was indeed another privilege that he got because he was not immediately dismissed. For whatever reason, Pinangki's not being dismissed means that he is still entitled to a salary, even though it is only his basic salary which amounts to a percentage of his total salary," he continued.

He said the issue of whether Pinangki received the salary or not was another matter. However, the main problem is that the country which is harmed by this action still has to budget for the salary for Pinangki.

However, Boyamin said he had not yet found out whether Pinangki also received a salary this month and the previous months during his detention.

"But as long as it has not been dishonorably dismissed, it should still receive a salary," he said.

A legal observer from Trisakti University, Abdul Fickar Hadjar also suspects that behind it all there is a privilege given to Pinangki Sirna Malasari.

"Yes you can (Pinangki is privileged)," said Fickar

Pinangki is privileged, said Fickar, because it has become part of the Attorney General's Office (AGO). This means that there is an effort to ease the burden on Pinangki, who was a prosecutor.

"There is an element of esprit de corps, so it seems special," he said.

In addition, Fickar also considered that Pinangki should no longer be an ASN and receive a salary. This is because the decision in the bribery case for the administration of the Supreme Court's fatwa has already been made.

"People who have been punished and dismissed from work should no longer receive their rights, including salaries," said Fickar.

According to him, the prosecutor had made a mistake as the executor. They should have conveyed information about Pinangki's sentence which had permanent legal force or was signed to the state treasurer.

"If you still (receive salary) it means the prosecutor's negligence as the executor. The prosecutor should have informed the state treasurer as a basis for stopping salary payments," said Fickar.

For information, the Jakarta Corruption Court found Pinangki Sirna Malasari guilty of the gratification case for managing the fatwa of the Supreme Court (MA). Pinangki was sentenced to 10 years in prison and sentenced to pay a fine of IDR 600 million subsidiary to 6 months in prison.

However, the DKI Jakarta High Court at the appeal hearing on Monday, June 14 2021, cut Pinangki's sentence from 10 years to four years. One of the reasons the judge cut the sentence was that the defendant as a woman must receive attention, protection, and be treated fairly.

Currently, the Central Jakarta District Attorney has executed Pinangki, who was previously detained at the AGO. Pinangki has now been sent to Class II A Tangerang.