The defendant Sahril in the corruption case of the capital investment fund of the Mantun Village-Owned Enterprises (BUMDes) West Sumbawa Regency, West Nusa Tenggara, asked the village secretary (sekdes) to take part in the responsibility of the emergence of state losses.
This was conveyed by Sahril in the description of the memorandum of defense (pledoi) against the prosecutor's demands at the Mataram Corruption Court, Thursday, January 12.
"Asking the panel of judges to consider the role of Sukirman Ahmady as the village secretary, because he also enjoys state money from the losses that arise," said Syafrudin, the defendant's legal adviser when reading the memorandum of defense before the Panel of Judges led by Putu Gede Hariadi, quoted from Antara.
The defendant reiterated the facts of the trial which were revealed from the inspectorate's statement as an expert in auditing state losses.
According to the results of an expert audit, Sukirman Ahmady as the village secretary also enjoyed state losses of IDR 97 million out of a total of IDR 475 million.
The defendant in the memorandum of defense also requested that the panel of judges consider efforts to recover state losses when this case is still ongoing at the investigation stage.
"During the investigation, our client has made efforts to recover state losses by handing over Rp40 million," he said.
With the recovery effort, the defendant hopes that it can be considered by the judge in making the verdict.
"We hope that this loss recovery effort can ease the sentence," he said.
In addition, the legal advisor also said that his client had also been cooperative during this legal process at the investigation stage and the defendant had admitted his guilt.
The defendant in the pledoi description also said that his actions that harmed the state's finances were part of efforts to settle arrears in previous government work.
"Not all state losses are enjoyed alone, but some are used to complete physical work in 2017 worth Rp120 million," he said.
The public prosecutor previously demanded that the panel of judges impose a sentence of 6 years in prison and a fine of Rp. 200 million, subsidiary to 6 months in prison against the defendant Sahril.
In addition to criminal charges, the prosecutor told the panel of judges to charge the defendant to pay compensation for state losses of Rp475 million, subsidiary of 1 year in prison.
The prosecutor conveyed such demands by stating that the defendant's actions in the role of the Mantun Village Head had fulfilled the elements of enriching himself and others according to the contents of the primary indictment.
The primary indictment explains Article 2 paragraph (1) junto Article 18 paragraph (1) of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2001 jo. article 64 paragraph (1) of the Criminal Code.
The prosecutor's consideration stated that such a claim was the attitude of the defendant who did not support the government's efforts to eradicate corruption, and that there was no effort to recover state losses from the case.
The case, which came from the results of the investigation by the West Sumbawa Kejari, relates to the findings of state losses in the management of the Mantun Village budget for the 2019-2020 period.
In the indictment, the value of the loss also arises from accountability reports that are not in accordance with the realization in the field. One of them, from the existence of BUMDes Mantun's capital participation.
Losses were also recorded from a number of physical projects in Mantun Village that did not meet specifications. Losses in the physical project have been confirmed by the testimony of construction experts.
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