The investigation into the fictitious credit case of the Batukliang branch of the People's Credit Bank (BPR), Central Lombok, with the accused active police I Made Sudarmaya alias IMS was temporarily suspended. During the IMS trial, it was said that it was detrimental to the state of Rp2.38 billion.
The suspension of the IMS investigation is because it is still waiting for the cassation decision submitted by the Central Lombok Kejari to the two defendants in this case, namely Agus Fanahesa and H Johari.
"So, the IMS case cannot be continued, because we are filing an appeal for the appeal decision of the two defendants," said Head of the Special Crimes Section of the Central Lombok Kejari Bratha Hariputra in Mataram, Monday, March 6, as reported by Antara.
"If there is an cassation decision, then we can only determine the next steps," he continued.
Bratha said the Central Lombok Kejari had filed an appeal on Monday, February 2 to the Mataram District Court.
Bratha explained that the basis for filing an appeal was related to the decision of the appeal judge which also upheld the first-degree court's decision regarding not burdening state losses to the two defendants.
In the decision, the appeal judge considered that the judge in the first instance court had decided correctly and it was true that the defendants Agus Fanahesa and Johari did not need to be charged with paying replacement money because they were not proven to have received the flow of funds from the emergence of state losses of Rp. 2.38 billion.
The appeal judge also stated that he agreed with the reason that the two defendants' attorneys were fully responsible for returning the replacement money was I Made Sudarmaya as the former treasurer of the Shabara Directorate (Ditsamapta) of the NTB Police.
Previously, the Mataram Corruption Court Panel of Judges on December 21, 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 legally proven to have violated the public prosecutor's subsidiary charges.
In the indictment, the judge stated that the two defendants were proven to have helped enrich other people, in this case the party who applied for fictitious credit on behalf of the 199 members of the National Police, namely I Made Sudarmaya.
Therefore, the sentence refers to the rules of Article 2 paragraph (1) 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 judge 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, Rp1 million for Johari and Rp2 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 loss money. The figure of Rp. 1 million and Rp. 2 million is considered as wages received from I Made Sudarmaya, not from credit.
The judge also ordered the prosecutor to carry out developments in an effort to recover state losses of Rp2.38 billion which had been charged to I Made Sudarmaya as a witness to the case.
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 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 due to profiteering for 199 members of the NTB Regional Police Ditsamapta with a loss of Rp2.38 billion.
The prosecutor also explained 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 credit application for the 2014-2017 period.
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 Batang Batukliang Branch
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