The Attorney General's Office said that the panel of judges at the Jakarta Corruption Court had wrongly applied the sentence by passing a null verdict against the defendant Benny Tjokrosaputro in the PT Asabri (Persero) corruption case.
The Head of the Legal Information Center of the Attorney General's Office, Ketut Sumedana, in his statement in Jakarta, Saturday, stated that the mistake was one of the reasons the public prosecutor appealed the decision.
"The panel of judges at the Corruption Court is wrong in implementing the law because Benny Tjokrosaputro was proven guilty of a crime as indicted by the prosecutor," said Ketut, quoted by Antara.
He explained that the prosecutor's indictment, namely the primary article 2 with a minimum threat of four years in prison so that the application of the sentence of nil was contrary to the Corruption Act.
Apart from being wrong, continued Ketut, the decision disturbed and hurt the public's sense of justice because Benny Tjokrosaputro had repeated the crime in the PT Asuransi Jiwasraya case.
According to him, after being sentenced to life, there should be additional punishment with the death penalty for the defendant in accordance with the doctrine of criminal law.
Not only that, he said, the legal process against Benny Tjokrosaputra in the PT Asuransi Jiwasraya case had permanent strength (inkracht), but Benny still had extraordinary legal remedies and applied for his rights to obtain clemency, remission, and amnesty.
"So if it is granted it will endanger law enforcement and there should be special requirements in the a quo decision," he said.
Based on the decision of the panel of judges, the Attorney General's Office has decided its position by filing an appeal.
The Attorney General's Office agrees with the views of several academic and practitioner elements to test the decision to the appeal court level.
"The decision is far from a sense of justice and results in legal uncertainty," said Ketut.
The legal uncertainty referred to is a decision that will cost the state more than Rp40 trillion if it is accumulated with two cases committed by Benny Tjokrosaputro absolutely reneging on justice itself.
This is not only detrimental to state finances, but also to the wider community, especially retired TNI and Polri who have been maintaining state security.
He said there was a very fatal error in the application of Article 67 of the Criminal Code, apart from contradicting the principle of the lex specialist derogat lex specialis which applies in the Corruption Act in the a quo case, nor is the article strictly applied to criminal acts that are accumulated in separate cases.
Furthermore, the decision will increase legal uncertainty because the rights of convicts in the PT Asuransi Jiwasraya case in filing extraordinary legal remedies (PK) and the right to apply for their rights, such as remission, clemency and amnesty, will actually weaken the first decision in the PT Asuransi Jiwasraya case.
"Aeharusnya putus tersebut dipersamai dengan putusan kondral sebagaimana biasanya dalam penegakan hukum," kata Ketut menerangkan.Ia melanjutkan penerapan pasal 67 KUHP sebagaimana dalam keputusan a quokan menyulitkan bagi jaksa dalam meekeksi kanta terdakwa dalam perkara PT Asabri.
In fact, Benny Tjokrosaputro was also sentenced to a money laundering case (TPPU), while the assets that had been confiscated with an accumulated loss of Rp40 trillion were far from the rescue word.
"This is very unfair," said Ketut.ia adding that the public prosecutor in filing legal remedies is very rational and juridical, considering that corruption is an extraordinary crime.
So extraordinary efforts must be made in its resolution, as has been done by the Attorney General's Office in implementing the elements of the country's economy in addition to the TPPU as a solution to impoverishing corruptors and their families. "Hopefully in the future good court decisions can be used as jurisprudence or the main legal source in law enforcement," said Ketut.
Previously, Thursday, January 12, the panel of judges at the Jakarta Corruption Court sentenced him to nil and the obligation to pay compensation of IDR 5.733 trillion to the President Director of PT Hanson International Tbk Benny Tjokrosaputro in the case of alleged corruption in the management of PT Asabri (Persero) funds and money laundering.
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