Nazaruddin Free Decision Which Kemenkumham Should Annul

Former General Treasurer of the Democratic Party Muhammad Nazaruddin (Special Photo)

JAKARTA - Former General Treasurer of the Democrat Party M Nazaruddin was declared free from the Sukamiskin Class I Prison, Bandung, West Java, after receiving leave before being released (CMB).

It is known that the defendants in these two corruption cases were able to breathe air outside the prison since Sunday, June 14. In addition to getting CMB, Nazar is also said to have received a 49 month revision from the Ministry of Law and Human Rights. This made him free from prison even though he should have been, the former member of the DPR RI was only released in 2024.

Indonesia Corruption Watch (ICW) assesses that the Ministry of Law and Human Rights should annul the decision to leave before Nazaruddin's release.

"ICW demands that the Minister of Law and Human Rights immediately annul the decision on leave before the convict Muhammad Nazaruddin is released," said ICW researcher Kurnia Ramadhana in a statement quoted on Thursday, June 18.

There are several reasons for the Minister of Law and Human Rights to annul the decision to leave before being released. First, regarding remission. Kurnia assessed that giving remission to Nazaruddin was against PP 99/2012 Article 34 Paragraph (1) letter a.

In this government regulation, it is explained that there are several things that must be fulfilled by convicted persons in a corruption case to get remission, such as being willing to cooperate with law enforcers to uncover crimes that have never been committed or become a justice collaborator.

"Meanwhile, according to the KPK, Nazaruddin never got the status as JC," he said.

Furthermore, giving remission to Nazaruddin strengthens the indication that Kemenkumham is not taking sides with the issue of eradicating corruption. This is because the ministry is considered to have ignored the deterrence aspect of criminals.

According to Kurnia, this was evident in the remission of Nazar. Because, based on two decisions on corruption cases that have permanent legal force, Nazaruddin will only be free in 2024.

"With this kind of giving model, the perpetrators of corruption crimes will never have a deterrent effect in the future," he explained.

Then, giving remission to Nazaruddin showed his attitude, Kemenkumham ignored the hard work of law enforcement in exposing corrupt practices, especially in the case of Wisma Athlete.

In fact, this case resulted in large state losses reaching Rp. 54.7 billion. Not only that, Nazaruddin was also charged with bribery because he was proven to have received funds amounting to IDR 4.6 billion from PT Duta Graha Indah.

"Even assets of Rp. 500 billion were also confiscated because they were obtained from corrupt practices," he said.

Finally, the demand to revoke the remission arose because of the finding that the detention room in the prison occupied by Nazaruddin was wider than the cells of other convicts. This finding is based on the results of a report from the Ombudsman in 2019.

If the findings are true, then Kemenkumham should not have given an assessment of good behavior to Nazar as alluded to in PP 99/2012 Article 34 Paragraph (2). Moreover, points of good behavior are a mandatory requirement for inmates to get remission.

So, not only demand the Menkumham Yasonna Laoly to annul the CMB decision against the convict M Nazarudin. ICW also demands that President Joko Widodo evaluate the performance of his subordinates, Menkumham Yasonna Laoly, "Because they have neglected to issue decisions," he said.

Nazaruddin can leave before being released because he meets the conditions

Head of the Public Relations and Protocol Section of the Directorate General of Corrections (Ditjenpas) Kemenkumham Rika Aprianti assessed that the pre-release leave given to M Nazaruddin was appropriate because he had met the requirements based on applicable legislation.

"Muhammad Nazaruddin received leave before being released (CMB) starting from June 14, 2020 or for two months because he met the requirements under Article 103 of the Regulation of the Minister of Law and Human Rights Number 3 of 2018 concerning Terms and Procedures for Granting Remissions, Assimilation, Family Visiting Leave, Exemption Conditional Leave, Nearing Free and Conditional Leave, "said Rika through her written statement.

He said, this leave prior to release also did not require a recommendation from the party handling the case. Because, the gift is because Nazar has met the administrative requirements as well as the substantive requirements.

"Prior leave (CMB) during the last two months of remission does not require a recommendation from the relevant agency (KPK)," he said.

He explained that Nazar had also paid a subsidiary of Rp1.3 billion in full. As a result, he received the right to remission from 2014 to 2019 in terms of general remission, religious special remission, and the last remission, namely for two months of Eid-ul-Fitr Special Remission in 2020.

Rika denied the statement that Nazaruddin did not get the status of a justice collaborator. According to him, by giving the remission, it is clear that the politician has become a justice collaborator.

"Because remissions are not possible for corruption convicts who do not become JC according to PP 99/2012," he said.

Previously, the KPK emphasized that it had never given the status of justice collaborator to Nazaruddin. Acting KPK spokesman for prosecution Ali Fikri said the KPK had only ever issued a cooperation certificate for Nazaruddin.

"The KPK on June 9 and June 21 2017 issued a letter of cooperation for M. Nazaruddin because since the investigation, prosecution and trial processes have exposed corruption cases," Ali said in his written statement, Wednesday, June 17.

Ali explained, there were several corruption cases disclosed by Nazaruddin, namely the corruption case for the construction of the Hambalang National Sports Facilities Education and Training Center (P3SON), the case for procuring an electronic ID card at the Ministry of Home Affairs (Kemendagri), and the case for gratification and money laundering that ensnared the former chairman. Democrat Party General Anas Urbaningrum.

In addition, this cooperation certificate was issued by the KPK because the former Democratic Party Treasurer had paid a fine in full to the state treasury.

"We convey again that the KPK has never issued a JC decree for MNZ," he said, explaining that the letter was given after the case that charged Nazaruddin with permanent legal force.