JAKARTA - Former Director of PT Asabri for the period 2012-2016, Adam Rachmat Damiri will file a legal action after being sentenced to 20 years in prison by the Jakarta Corruption Court. The verdict was related to allegations of corruption in the management of PT Asabri's funds.
"On behalf of Adam Rachmat Damiri's extended family, he will take legal action against the Jakarta Corruption Court's decision in accordance with applicable legal provisions to obtain legal certainty in accordance with the expectations of Adam Rachmat Damiri and his family," said Linda Susanti who represented Adam Damiri's family in a written statement, Wednesday. , February 2nd.
Linda said there were several considerations that made Adam to file a legal action. First, he said, the report on the investigative examination of the Supreme Audit Agency (BPK) regarding the financial management and funds of PT Asabri for the 2012-2019 period did not find any state losses from the shares of CNKO, LCGP, SIAP, and MTN PRIMA JARINGAN.
Linda said the report was considered not to take into account what was still valuable in the form of stocks and mutual funds. Under these conditions, the real and definite elements based on Article 1 number 22 of Law Number 1 Year 2004 concerning the State Treasury are not fulfilled.
"Therefore, this calculation cannot be used as the basis for the existence of state losses to punish the defendant Adam Rachmat Damiri," said Linda.
Meanwhile, based on the facts at trial, namely the testimony of witness Indah Kusumawati, the placement of shares belonging to PT ASABRI occurred in 2017. Under these conditions, Linda said, Adam Damiri was no longer the President Director of PT Asabri.
In addition, Adam has also delegated his authority to the Director of Investment and Finance to manage PT Asabri's finances during his tenure as evidenced by the Board of Directors' decision letter. The delegation is stated in the Decree of the Board of Directors of 2011 Number Kep/161-AS/XI/2011 concerning the Organization and Work Procedure of PT ASABRI.
Next, this appeal is based on the attitude of judge member Mulyono who expressed a dissenting opinion.
Judge Mulyono, according to Linda, stated that the state financial loss of Rp. 22.7 trillion as calculated by the BPK auditor was still potential and unfounded and not proven legally and convincingly.
"The facts of the trial were all well recorded at the trial and were stated in the plea from Adam Rachmat Damiri's attorney, but these legal facts were not taken into consideration by the Panel of Judges and decided the case of Adam Rachmat Damiri," he said.
Not only that, the 20-year sentence handed down by the panel of judges does not seem to take into account the dedication and age of Adam Damiri, who is 72 years old. The panel of judges, continued Linda, was also considered not to have considered the health of Adam Damiri, who had been battling colon cancer.
"On behalf of the family, we also ask the Supervisory Board of the Supreme Court, to be able to supervise the next legal process, so that it can be carried out properly. So that the decision can give the fairest sense of justice to Adam Rachmat Damiri," he said.
As previously reported, Adam Damiri was sentenced to 20 years in prison for alleged corruption in PT Asabri. The verdict is heavier than the demands of the public prosecutor (JPU) of the Attorney General's Office, which demands that Adam Damiri be sentenced to 10 years in prison plus a fine of Rp. 750 million, subsidiary to 6 months in prison.
In addition to being sentenced to 20 years, Adam Damiri was also required to pay compensation of Rp. 17.972 billion less the assets that had been confiscated. If the property is not paid, it will be confiscated and if it is not sufficient, it will be sentenced to 5 years in prison.
The burdensome thing, said the panel of judges, was that the defendant's actions together with other defendants had resulted in enormous state losses. In addition, the defendant's actions did not support government programs that were clean and free from corruption, collusion and nepotism.
While mitigating things, Adam Damiri is considered cooperative, polite, the backbone of the family, has never been punished, and has 33 years of active service in the TNI so that he has contributed to the nation and state.
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