Sentenced To 2 Years, Kejari Bima Files Appeal For Two Defendants Of Saprodi Corruption

The Bima District Attorney's Office, West Nusa Tenggara filed an appeal regarding the verdict of the two defendants for the distribution of production facilities (saprodies) and printing of new rice fields for the 2016 fiscal year.

Head of the Intelligence Section of the Bima Kejari Andi Sudirman by telephone, Monday, said that his party filed an appeal for the verdicts of the defendants Muhamad and Nur Mayangsari.

"Yes, we have declared an appeal to the court for the defendants Muhamad and Nur Mayangsari. So, now we are preparing an appeal memorandum," Andi said as quoted by ANTARA, Monday, June 19.

He explained that the public prosecutor's consideration in filing further legal remedies was related to the verdict of the two defendants which was lower than the prosecutor's demands.

In addition, related to state losses determined by the panel of judges, it is much different from the results of the audit of state losses from the NTB Representative Financial and Development Supervisory Agency (BPKP).

The panel of judges at the Mataram District Court on Wednesday (14/6) sentenced the defendant Muhamad to 2 years in prison who served as Head of the Land Development Rehabilitation and Plant Protection Division of the PTPH Office of Bima Regency.

For the defendant Nur Mayangsari as Head of Section (Kasi) for Land Rehabilitation and Development (RPL) of the PTPH Office of Bima Regency, the judge sentenced him to 1 year in prison.

To the two defendants, the judge also imposed a fine of Rp. 50 million, subsidiary to 2 months in prison and charged the state compensation with a value of Rp. 86 million for the defendant Muhamad and Rp. 43 million for the defendant Nur Mayangsari.

In the verdict, the judge stated that the two defendants together with the former Head of the Bima Regency PTPH Office M. Tayeb who had been sentenced to 3 years in prison committed a criminal act of corruption by abusing his authority in office.

As a result of this abuse of authority, the judge determined that there was a state loss of Rp260 million by burdening M. Tayeb to pay compensation of Rp130 million. This figure is different from the results of the NTB BPKP audit of Rp5.1 billion.

The basis of the judge for ruling out the results of the NTB BPKP audit refers to Supreme Court Regulation (Perma) Number 5 of 2014 concerning Additional Crimes in Replacement Money in Corruption Crimes.

With this description, the judge determined that the actions of the two defendants together with M. Tayeb were proven guilty of violating Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001 jo. Article 55 paragraph (1) 1st of the Criminal Code.

The prosecutor previously demanded a sentence of 8.5 years in prison with a fine of Rp. 500 million, subsidiary to 6 months in prison to the defendant Muhamad. For Nur Mayangsari, the prosecutor demanded a sentence of 9.5 years in prison with a fine of Rp. 500 million, subsidiary to 6 months in prison.

To the two defendants, the prosecutor also asked the judge to charge compensation for state losses of Rp877 million, a subsidiary of 4 years and 9 months in prison.

The role of the two defendants in this case was also stated that the prosecutor had been proven to have violated Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001 jo. Article 55 paragraph (1) 1st of the Criminal Code.

The budget in this distribution program is worth IDR 14.4 billion. The budget comes from the Indonesian Ministry of Agriculture. This program is distributed with the aim of increasing food production in Bima Regency.

It was recorded that 241 farmer groups (poktan) in Bima Regency were included in the list of beneficiaries with details of Rp8.9 billion for 158 poktan that manage 4,447 hectares of rice fields and Rp5.5 billion for 83 poktans with a rice area of 2,780 hectares.

The distribution of the budget is carried out directly to the banking accounts of each group. The disbursement process is carried out in two stages. The first stage is IDR 10.3 billion, 70 percent of the total budget is IDR 14.4 billion, and 30 percent is in the second stage with a value of IDR 4.1 billion.