ICW researcher Kurnia Ramadhana questioned mitigating factors that were considered by the panel of judges at the Supreme Court in deciding Edhy Prabowo’s cassation. He considered the fact that Edhy as a public official had committed corruption related to the export and cultivation of lobster clear seeds (BBL). Because of that, said Kurnia, the judge’s assessment that Edhy was working as a minister did not make sense.
“This 5-year sentence is very strange, because only 6 months is heavier than Edhy’s personal staff, namely Amiril Mukminin,” explained Kurnia to VOAThursday (10/3).
Kurnia added that the panel of judges also ignored the provisions of Article 52 of the Criminal Code which affirms criminal penalties for officials who commit crimes by using power. The regulation states that officials with these criteria can be punished with an additional one-third of the sentence.
In addition, he said, Edhy’s corrupt practices coincided with the difficulties of the people who were facing the COVID-19 pandemic. So it is not appropriate if the panel of judges judges that Edhy has given hope to the community.
“It is feared that the cutting of sentences by the Supreme Court will become a multivitamin as well as an encouragement for officials who want to practice corruption. Because they see firsthand how the decisions of the judicial authorities rarely have a deterrent effect,” he added.
MA: This is Just a Basic Criminal Correction
Meanwhile, the spokesman for the Supreme Court Andi Samsan Nganro explained that the panel of judges rejected the appeal filed by Edhy Prabowo because it was not in accordance with the law. However, Andi said, the panel of judges assessed that Edhy Prabowo had done a good job and gave hope to fishermen for revoking the regulation regarding lobster seeds.
“In the Regulation of the Minister of Maritime Affairs and Fisheries regarding lobster management, exporters are required to obtain lobster seeds from small fishermen who catch BBL. So it is clear that the defendant’s actions are for the welfare of the community, especially small fishermen,” Andi explained at a press conference in Jakarta, Thursday (10/3).
Andi said, the panel of judges only fixed Edhy Prabowo’s main sentence, which was from 9 years in prison to 5 years. As for the additional penalty of revocation of the right not to be elected in public office, it becomes not elected for up to two years.
The decision of the panel of judges of the Supreme Court is the same as the demands of the KPK prosecutors and the verdict of the judges of the Jakarta Corruption Court, namely five years in prison plus a fine of IDR 400 million, subsidiary of six months in prison. However, for the revocation of the right to be elected, the prosecutor demanded three years after the sentence, while the Jakarta corruption court sentenced him to 2 years.
The DKI Jakarta High Court then increased Edhy’s sentence to 9 years in prison plus a fine of IDR 400 million and revocation of the right to be elected in public office for 3 years. [sm/em]