The defendant, former Regent of Tanah Bumbu, South Kalimantan, Mardani H Maming, asked to be released from all demands of the prosecutor, both the first indictment and the second indictment when submitting a plea or memorandum of defense at the Banjarmasin Corruption Court.
Mardani Maming was previously charged with receiving a total of Rp 118 billion through cash payments and transfers, after helping to switch the coal IUP from PT Bangun Karya Pratama Lestari (BKPL) to PT PCN.
The corruption case that ensnared Mardani H Maming as the development of the convict case of the former Head of the Tanah Bumbu Mining and Energy Service, Dwidjono Putrohadi Sutopo, who has been sentenced to 2 years in prison.
"We ask that the panel of judges with all their wisdom and authority be willing to make a free decision and rehabilitate the good name of the defendant and return all the rights, dignity of the defendant to its original state," said Abdul Qodir, legal adviser to the defendant Mardani H Maming while reading the pledoi quoted by ANTARA, Wednesday, January 25.
According to him, the prosecutor's demands were not in accordance with the facts of the trial which clearly and clearly indicated that the defendant was innocent as charged.
The IUP Transitional Decree is legally valid because the Decree of Regent No. 296/2011 was also copied to the Minister of Energy and Mineral Resources and its staff, the Governor of South Kalimantan and his staff.
Even the decree received Clean and Clear (CnC) status as announced in the CnC Phase III announcement in serial number 169, then extended based on the Decree of the Governor of South Kalimantan Number: 188.48/265/DPMPTSP/IV/2017 concerning Approval for the Extension of the Coal Production Operation Mining Business License to PT Prolindo Cipta Nusantara in Tanah Bumbu Regency on April 21, 2017.
Then related to the receipt of a sum of money received by PT TPS and PT PAR from PT PCN, it was not as a receipt of gifts related to the signing of the Regent's Decree No. 296/2011, but the results of pure business or civil relations related to the cooperation in managing the port of PT ATU from 2012 to 2016.
Regarding the defendant being charged with committing a criminal act of bribery which acts as a bribe recipient, Qodir emphasized that only the naive person who committed the crime of bribery by collecting through a banking scheme was recorded in the financial bookkeeping and paying taxes arising from the bill and then submitting transaction documents to the party who accused him.
"It can be compared to hundreds of bribery criminal cases, where the pattern or mode is paid in cash and directly so as not to be caught by law enforcement officials," he also said.
Ironically again, he said, the late Henry Soetio as the owner of PT PCN, whose role as a bribe giver could not be asked for his statement either as a witness or a suspect because he had died on July 19, 2021.
But it is very unfortunate, the KPK Public Prosecutor actually created several substitute roles to tell stories and prove as if bribery had occurred.
"In expert testimony, it is stated that witnesses who did not experience it themselves did not see for themselves and did not hear directly, so their testimonies did not have evidentiary value," he said again.
Meanwhile, Mardani, who was also given the opportunity for the chairman of the panel of judges, Heru Kuntjoro, to personally defend himself, admitted that he had made efforts to convince the panel of judges that the crime charges addressed to him were actually not true.
"I really don't ask for anything, apart from justice which is my right, hopefully the judge's decision will be the answer to a series of prayers that are always raised by my beloved mother," he also said.
Meanwhile, the KPK prosecutor led by Budhi Sarumpaet stated that he would stick to his demands, after being given the opportunity for the panel of judges to respond.
The next trial with a verdict agenda is scheduled for Friday 10 February.
At the previous trial, the KPK prosecutor demanded that Mardani H Maming be sentenced to 10 years and six months in prison. The defendant was also fined Rp 700 million, subsidiary to eight months in prison.
The prosecutor stated that the defendant had been legally and convincingly proven guilty of committing a criminal act of corruption as regulated and threatened with criminal sanctions Article 12 letter b in conjunction with Article 18 of the Law (UU) of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as the first alternative indictment.
The prosecutor also demanded additional punishment so that the defendant pays compensation of Rp 118,754,731,752. With the provision that if he does not pay the replacement money within one month after the decision has permanent legal force, his property can be confiscated and auctioned off to cover the replacement money.
However, if he does not have property, the defendant will be sentenced to five years in prison.
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