The panel of judges handed down acquittal to the director of the company implementing the rehabilitation and maintenance project of the Lombok Embarkation Hajj Dormitory building, Dyah Estu Kurniawati.
The chairman of the Panel of Judges, Mukhlassudin, in the trial, gave an acquittal by declaring the defendant not proven guilty in the primary indictment and subsidiary of the public prosecutor.
"Therefore, freeing the defendant from all charges and asking the public prosecutor to restore the dignity of the defendant as a citizen," said Mukhlassudin at the Mataram Corruption Court, Antara, Thursday, December 29.
The judge sentenced him to this verdict by looking at the facts revealed in the trial.
According to the judge, there was no fact that Dyah stated that he enriched himself or someone else or a corporation according to the indictment of Article 2 paragraph (1) of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001.
Likewise with the abuse of authority regulated in the indictment of Article 3 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001.
The judge also stated that no facts were revealed regarding Dyah's involvement in corruption cases that had cost the state Rp. 2.65 billion according to the results of an audit by the NTB Representative Financial and Development Supervisory Agency (BPKP).
"Therefore, the fulfillment of the criminal element of Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law no. 20 of 2001 in conjunction with Article 55 paragraph (1) of the 1st Criminal Code is not proven," he said.
Previously, the public prosecutor stated in the indictment that Dyah's actions in this case were proven to have violated Article 2 paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001 jo. Article 55 paragraph (1) of the 1st Criminal Code according to the primary indictment.
To the defendant, the public prosecutor asked the judge to sentence him to 7.5 years in prison and a fine of Rp. 300 million, subsidiary to 4 months in prison.
Prosecutors in the prosecution also charged compensation for state losses with a value of IDR 1.32 billion, subsidiary of 3 years and 9 months in prison.
The prosecutor also requested that the defendant continue to be detained at the Mataram Class III Women's Prison and determine evidence of the return of losses worth Rp. 27 million for the state.
All evidence presented at the trial was asked to be returned to the public prosecutor to be used in another case on behalf of Wishnu Selamat Basuki.
In the description of the charges, the prosecutor conveyed burdensome considerations. One of them is about the state's losses in project work in 2019.
The nominal state loss in this case is in accordance with the results of the BPKP audit with a value of Rp. 2.65 billion. This figure arises from an overpayment of the lack of work volume.
The losses consist of the rehabilitation costs of buildings in the UPT Hajj dormitory amounting to Rp1.17 billion; rehabilitation of the hotel building Rp373.11 million, rehabilitation of the Mina building Rp235.95 million, rehabilitation of the Safwa building Rp242.92 million, rehabilitation of the Arofat building Rp290.6 million, and rehabilitation of the PIH building Rp28.6 million.
The defendant Dyah as the director of the project implementing company from CV Kerta Agung was stated with Wishnu Selamat Basuki and Abdurrazak Al Fakhir as the party responsible for the emergence of the country's losses.
Wishnu in this case acted as the party carrying out the project from the direct appointment of the Director of CV Kerta Agung. Even though he has become a suspect, Wishnu is now on the prosecutor's wanted list (DPO).
Meanwhile, for Abdurrazak Al Fakhir who acted as Head of the Technical Implementation Unit (UPT) of the Lombok Embarkation Hajj Dormitory when the project was running, he was also a defendant with the trial process that had arrived at the criminal sentence.
The judge at the verdict hearing which was held separately from Dyah, Friday (18/11), sentenced Abdurrazak Al Fakhir to 8 years in prison and a fine of Rp. 400 million, subsidiary to 6 months in prison.
The judge sentenced the defendant to be 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 jo. Article 55 paragraph (1) of the 1st Criminal Code.
In addition to the crime, the judge also charged the defendant to pay a replacement money of IDR 791 million, a subsidiary of 5 years in prison, stating that the deposit was IDR 150 million from Abdurrazak as part of the replacement money payment.
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