Prosecutors Demand 2 Defendants Of Corruption In The West Seram Disaster Satlak Fund Of 6.5 To 7.5 Years In Prison

MALUKU - Marlin Mayaut was sentenced to 7.5 years in prison and Muid Tulapessy was sentenced to 6.5 years in prison. Both are defendants in alleged corruption of the remaining Ready-to-Use Fund (DSP) of the West Seram Regency Disaster Management Unit (SBB) for the 2019 fiscal year.

The claim was read out by the public prosecutor (JPU) during a trial at the Ambon District Court (PN) led by the Chairman of the Corruption Court, Rahmat Selang, Monday, August 21.

"Asking the panel of judges who examined and tried this case to declare the two defendants guilty of violating Article 2 paragraph (1) in conjunction with Article 18 paragraphs 1, 2 and 3 of Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Corruption in conjunction with Article 55 paragraph 1 of the Criminal Code," said the Public Prosecutor.

The prosecutor also demanded that the defendant Marlin pay a fine of Rp. 300 million, subsidiary to six months in prison and the defendant Muid Tulapesy was required to pay a fine of Rp. 100 million, subsidiary to three months in prison.

In addition, the two defendants of the Public Prosecutor demanded to pay a fine of Rp. 1 billion according to the value of state financial losses incurred in this case, where the defendant Marlin had to pay a fine of Rp. 600 million and the defendant Muid Rp. 400 million, subsidiary to three months in prison.

The prosecutor also said that there were five witnesses in this case who had returned Rp82 million, namely witness Azis Silouw, Rafli Al Ydrus, Muhamad Yusuf Hatala, Annie Putirulan and witness Thomas Wattimena.

The two defendants in this case, Marlin Mayaut, are the former Head of Rehabilitation and Reconstruction at the Regional Disaster Management Agency (BPBD) as an official commitment maker (PPK) of ready-to-use funds for earthquake emergency management in the SBB area in 2019.

Meanwhile, the defendant, Muid Tulapessy, is the Assistant Treasurer.

The prosecutor said that on September 26, 2019, an earthquake occurred in the SBB Regency with a magnitude of 6.8 which resulted in a large number of damage to houses or residential buildings, so the Regent set an earthquake emergency response status.

To deal with the problem of funding for earthquake disaster management, the Regent of SBB issued Letter Number: 465.2/842 regarding the Request for an Earthquake Natural Disaster Emergency Response Fund in SBB Regency to the Head of BNPB RI.

Furthermore, the Head of BNPB RI allocated a number of Ready-to-Use Funds sourced from the State Budget for the 2019 Fiscal Year.

That on September 30, 2019, BNPB RI issued Decree Number: 163.3 of 2019 concerning Commitment Making Officers and Treasurers of Disaster Emergency Management Expenditures by establishing Nasir Suruali as Commitment Making Officer (PPK) and La Ucu as Assistant Expenditure Treasurer (BPP) at BPBD SBB.

Along the way, a change of PPK and treasurer of assistance for disaster emergency emergency emergency DSP assistance activities was carried out through Regent Decree Number: 990-32.a of 2021 dated January 26, 2021, which stipulated Marlin Mayaut (separate BAP) as PPK and Muid Tulapessy as treasurer of auxiliary expenses.

Furthermore, BNPB RI allocated DSP assistance amounting to Rp37.31 billion to finance four components of activities and the budget is in a special account of BPBD SBB Regency where there is a remaining DSP of Rp4.35 billion originating from stimulant funds for the construction of damaged houses.

In fact, the funds should still be in the special account of the West Seram Regency BPBD.

Then the SBB Regency Government issued Letter Number: 360/1119 dated August 6, 2021 regarding the Proposal for Using the Remaining Ready-to-Use Funds for Operational Costs amounting to Rp2,258 billion, but this decree was without the approval of a request for the use of the remaining DSP from BNPB RI.

In October 2021, Marlin Mayaut together with the defendants Muid Tulapessy and Azis Silouw disbursed the remaining Ready Funds using a total of Rp1 billion.

From the results of the disbursement of the remaining Rp1 billion DSP, it was divided for both of them where the defendant Marlin received Rp600 million and Muid Rp400 million.

Furthermore, BNPB RI replied to the proposal letter for the use of the remaining DSP for operational costs through letter Number: S.1401/BNPB RI/SU/RR.01/11/2021 dated November 16, 2021, essentially rejecting the request for the use of the remaining DSP for operational costs because it is not in accordance with statutory provisions.

The rejection letter from BNPB RI was issued on November 16, 2021, which at that time had already been disbursed and had been spent, so it could not return the remaining DSP to the state treasury.