JAKARTA - Deputy Chief Justice of the Supreme Court (MA) for Judicial Affairs Andi Samsan Nganro said that the Panel of Cassation Judges considered that the judex facti decision did not take into account the mitigating circumstances for the defendant Edhy Prabowo.
"There are circumstances that relieve the defendant, but the judex facti court did not consider it," Andi said as quoted by Antara, Thursday, March 10.
The Panel of Judges of Cassation assessed that the judex facti, or judges at the court for corruption at the first level and judges at the court for corruption at the previous appellate level, did not consider several mitigating facts.
According to the Panel of Judges of Cassation, the mitigating factor for the defendant was Edhy Prabowo's good performance as Minister of Maritime Affairs and Fisheries of the Republic of Indonesia. As a minister, the Cassation Court judges that Edhy Prabowo has given great hope to the community, especially to fishermen.
In this case, Edhy Prabowo revoked the Regulation of the Minister of Maritime Affairs and Fisheries Number 56/PERMEN-KP/2016 dated December 23, 2016 and replaced it with the Minister of Maritime Affairs and Fisheries Regulation Number 12/PERMEN-KP/2020.
"With the aim, namely the enthusiasm to use lobster seeds for the welfare of the community, namely wanting to empower fishermen because lobster in Indonesia is very large," said Andi.
Therefore, the Panel of Cassation Judges has corrected the basic sentence previously decided by the DKI Jakarta High Court. The previous sentence of imprisonment for 9 years has now become 5 years with a fine of Rp. 400 million, subsidiary of 6 months in prison.
"That's what was fixed. Meanwhile, the rest of the orders remain valid," he said.
Andi also said that the Panel of Cassation Judges who examined and tried the Edhy Prabowo case had rejected the appeal because they considered the request to be unreasonable according to law.
Nevertheless, the Panel of Judges of Cassation continued to make improvements to the decision borne by Edhy Prabowo by considering mitigating circumstances.
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