JAKARTA - The petition for victims of fraud under the guise of a Rp1 trillion ponzi scheme trial at the Tangerang District Court (PN) regarding the confiscation of 20 kilograms of gold collateral was granted by the panel of judges.
The assets that have not been confiscated by law enforcement officers have been transferred by the defendant, Budi Hermanto, to another party, namely Ali Boy. The victim's attorney from the Visi Law Office, Rasamala Aritonang said that the judges read the decision today, Monday, April 11.
"The Tangerang District Court Panel of Judges in case Number 1907/Pid.B/2021/PN Tng granted the victim's attorney's request submitted by the Vision Law Office to confiscate 20 kilograms of gold that the defendant had transferred to another party," said Rasamala in a statement. he wrote.
The main point of the stipulation read out by the panel of judges stated that the request of the victims to confiscate the tens of kilograms of gold which had been transferred to Ali Boy in three gold shops in the Blok M area was granted.
Then, the judge also ordered the public prosecutor (JPU) to confiscate even though the trial was in a criminal process.
For this decision, Rasamala appreciates the panel of judges. He sees that the future of law enforcement in the country will go in a better direction because this decision is important to recover the losses of crime victims.
"We see a better future for law enforcement in Indonesia through the attitude of judges," said the former KPK employee.
"It's not just the recovery of the victims we are accompanying, but much bigger, this will be an important history in the application of Article 98 of the Criminal Procedure Code in criminal trials. This is an important decision for the recovery of future losses for crime victims in Indonesia," said Rasamala.
Meanwhile, another attorney for the victim from the Visi Law Office, Donal Fariz said that the application for confiscation of guarantees was based on Article 227 of the HIR along with a number of arguments. One of them is the obligation of the defendant not to discriminate between victims because there is no special right owned by the party who received the transfer of gold by the previous defendant.
"There is no reason for the defendant to prioritize those who are family, such as Ali Boy who was mentioned in the judge's determination today, while there are many other victims who are also entitled to compensation," explained Donal.
After this decision, a follow-up hearing will be held on Wednesday, April 13 with the agenda for hearing the demands and conclusions from the plaintiffs.
For information, the problem in this case began when Budi Hermanto bought gold from a number of people and promised high profits by paying bilyet giro or checks. To these people, he offered a term for the payment of the bilyet giro which increased the interest rate.
It's just that, over time, Budi can't keep his promise. He then allegedly spun money from new investors to old investors.
There is also the Vision Law Office which is now run by former KPK Spokespersons Febri Diansyah, Donal Fariz, and Rasamala Aritonang accompanying the victims by implementing Article 98 of the Criminal Procedure Code in order to recover their losses.
The following is the text of Article 98 of the Criminal Procedure Code:
If an act that forms the basis of an indictment in an examination of a criminal case by a district court causes harm to another person, then the presiding judge of the trial at the request of that person may decide to combine the lawsuit for compensation to the criminal case.
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