The panel of judges sentenced Abdurrazak Al Fakhir, former Head of the Technical Implementation Unit (UPT) of the Lombok Embarkation Hajj Dormitory, West Nusa Tenggara, to corruption in the building rehabilitation and maintenance project in the 2019 fiscal year.
"The defendant was sentenced to 8 years in prison," said Chief Judge Mukhlassuddin reading the verdict of the case belonging to the defendant Abdurrazak at the Mataram Corruption District Court, Antara, Friday, November 18.
In the verdict, Mukhlassuddin together with judges members of Glorious Anggundoro and Fadhli Hanra also imposed a fine of Rp. 400 million, subsidiary to 6 months in prison.
The judge handed down the verdict because the defendant was legally and convincingly proven guilty of committing a criminal act of corruption in accordance with the public prosecutor's primary indictment.
The primary indictment describes the criminal rule of Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption (Tipikor) as amended by Law no. 20 of 2001 Article 55 paragraph (1) of the 1st Criminal Code.
In addition to the crime, the judge also charged the defendant to pay compensation of IDR 791 million, a subsidiary of 5 years in prison.
Regarding the Rp150 million, which was previously deposited at the investigation stage, the judge was determined as part of the defendant's efforts to pay compensation.
"Determining the detention period that has been served by the defendant is reduced entirely from the sentence imposed and also determines that the defendant remains detained," he said.
The sentence handed down by the judge for Abdurrazak is lower than the prosecutor's demand for 8.5 years in prison. For a fine, it is heavier than the prosecutor's demand, which previously determined Rp. 300 million, a subsidiary of 4 months in prison.
Likewise with the sentence for replacement money of IDR 791 million. The judge determined that it was heavier than the prosecutor's demand for 4.5 years in prison.
In the description of the verdict, the judge stated that Abdurrazak together with witness Wishnu Selamat Basuki who is also a suspect and is now on the wanted list (DPO) of the prosecutor's office disbursed a project down payment of IDR 30 percent of the total budget.
The down payment was transferred directly to Wishnu's personal account without going through the account of the company implementing the CV Kerta Agung project belonging to witness Dyah Estu Kurniawati who was also the defendant in the case.
The nominal disbursement of 30 percent of the advance on the project budget is in accordance with the additional sentence that has been imposed by the judge for the defendant Abdurrazak worth IDR 791 million.
In this case, the public prosecutor used the results of the BPKP audit as a state loss figure. The value is IDR 2.65 billion. Losses arise due to overpayments for lack of work volume.
The losses consisted of the rehabilitation costs of buildings at the Hajj Dormitory UPT amounting to Rp1.17 billion, rehabilitation of hotel buildings Rp373.11 million, rehabilitation of Mina Building Rp235.95 million, rehabilitation of Safwa Building Rp242.92 million, rehabilitation of Arofah Building Rp290.6 million, and rehabilitation of PIH Building Rp28.6 million.
The Lombok Embarkation Hajj Dormitory in 2019 received funds for building rehabilitation. The physical project was previously the findings of the inspectorate based on the follow-up results of the Hajj Financial Management Agency (BPKH) with a loss value of IDR 1.2 billion.
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