Prosecutors Against The Judge's Decision Regarding The Elimination Of Money To Change State Losses In The Corruption Case Of Central Lombok BPR FIKif Credit

Two defendants in the BPR Central Lombok fictitious credit corruption case Batukliang Branch at the Mataram Tipikor District Court, Wednesday, January 21, 2023. (ANTARA-Dhimas B.P.)

The Mataram District Court (PN) received an appeal memorandum file from the public prosecutor (JPU) in the fictitious credit corruption case of the Central Lombok People's Credit Bank (BPR) Batukliang Branch.

Mataram District Court spokesman Kelik Trimargo said his party had followed up on this by sending memorandum of appeal files to each of the defendants through their attorneys.

"So, now we are waiting for the defendants through their attorneys to submit a counter memorandum of appeal," said Kelik in Mataram, West Nusa Tenggara (NTB), Wednesday, January 18, as reported by Antara.

The prosecutor through the Head of the Special Crimes Section of the Central Lombok District Attorney's Office, Bratha Hariputra, confirmed that his party had submitted the appeal memorandum files for the two defendants to the Mataram District Court.

"So, we submitted this further legal action based on the approval of our leadership. We submitted the appeal memorandum file last week," said Bratha.

The prosecutor's consideration in filing an appeal for this case, he explained, regarding the judge's decision to cancel the payment of compensation for state losses, such as the description of the prosecutor's demands.

According to the prosecutor, the state compensation money charged to the two defendants Agus Fanahesa and Johari was clearly seen in the facts of the trial.

"So, the issue of replacement money in the prosecution's demands is not charged in the court's decision at the first instance," he said.

Although the nominal amount of money received by the two defendants was quite small with a value of Rp. 1 million and Rp. 2 million, the prosecutor believed the money was part of the value of state losses resulting from I Made Sudarmaya's credit application.

By stating this, Bratha assured that the state losses that appeared in this case were not fully enjoyed by I Made Sudarmaya as the party who applied for credit on behalf of 199 names of Polri members.

"So, one person cannot lose the state because of the fact that they are enjoying it," he said.

The panel of judges at the Mataram Corruption Court in mid-December 2022 sentenced Agus Fanahesa and Johari to 2 years in prison and a fine of Rp. 200 million, subsidiary to 3 months in prison, which was proven legally in violation of the public prosecutor's subsidiary charges.

In the indictment, the judge stated that the two defendants were proven to have helped enrich others, in this case the party who applied for fictitious credit on behalf of 199 members of the National Police, namely I Made Sudarmaya.

Therefore, the sentence refers to the rules of Article 2 in conjunction with Article 18 paragraph 1 letter b 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.

In the verdict, the judges to the two defendants who had different roles did not charge to pay compensation for state losses, such as the demands of the public prosecutor, Rp. 1 million for Johari and Rp. 2 million for Agus Fanahesa.

The judge stated this because he did not find any facts that corroborated the evidence that the two defendants enjoyed the state's loss money. The figure of Rp. 1 million and Rp. 2 million is considered as wages received from I Made Sudarmaya, not from credit money.

The judge also ordered the prosecutor to develop the case to recover state losses of Rp. 2.38 billion in the investigation of separate files belonging to I Made Sudarmaya.

The verdict handed down against the defendant was also lower than the prosecutor's demands, which previously demanded that the judge impose a sentence of 2 years and 6 months in prison.

The prosecutors in the indictment of Agus Fanahesa and Johari explained that the fictitious credit case at the Central Lombok BPR Batukliang Branch emerged from arrears of payments.

The arrears were revealed as a result of profiteering for 199 members of the NTB Regional Police Ditsamapta with a loss of Rp. 2.38 billion.

The prosecutor also stated in the indictment that IMS while holding the position of Administrative Officer for Financial Affairs of the Directorate of Sabhara Polda NTB was the mastermind behind this fictitious credit case.

Sudarmaya, who is now known to be serving at the Bima City Police, is said to be in the indictment as a party enjoying a loan of IDR 2.38 billion. The loan value was recorded in the 2014-2017 period of credit applications.

In this case, the defendant Johari acted as an "Account Officer" at the Central Lombok BPR Batukliang Branch. Johari became a defendant with Agus Fanahesa who served as Head of Marketing for the Central Lombok BPR, Batukliang Branch.