Jakarta, hitclubapk3 Indonesia
—
The panel of judges at the Corruption Crime Court at the Central Jakarta District Court revealed the reasons for the defendant in the Business Cooperation (KSU) case and the acquisition of PT Jembatan Nusantara (JN) by
PT ASDP
in 2019-2022 he was still found guilty even though he did not receive any personal benefits.
In this case, former President Director of PT ASDP Indonesia Ferry (Persero) Ira Puspadewi was sentenced to 4 years and 6 months in prison and paid a fine of IDR 500 million subsidiary to 3 months in prison.
Ira was sentenced along with two other defendants, namely the Director of Commercial and Services of PT ASDP Muhammad Yusuf Hadi and the Director of Planning and Development of PT ASDP for the period June 2020-present Harry Muhammad Adhi Caksono, who were each sentenced to 4 years in prison and a fine of IDR 250 million, subsidiary to 3 months in prison.
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The judge was of the opinion that the defendants’ actions had provided extraordinary profits to PT JN and its owner, Adjie.
It is on this basis that the actions of Ira et al are considered to fulfill the criminal elements in Article 3 of the Corruption Eradication Law (UU Tipikor).
The article’s regulation reads: “Any person who, with the aim of benefiting himself or another person or a corporation, abuses the authority, opportunity or means available to him because of his position or because of a position that can harm the state’s finances or the state’s economy is subject to life imprisonment, or imprisonment for a minimum of 1 year and a maximum of 20 years and/or a fine of at least 50 million rupiah and a maximum of 1 billion.”
However, the decision was not unanimous, aka it was colored by differences of opinion or dissenting opinion by the chairman of the panel of judges, Sunoto.
He believes that Ira et al should be given acquittal (ontslag van alle recht vervolging) because there was no criminal act of corruption in the KSU case and the acquisition of PT JN by PT ASDP.
He believes that the Business Cooperation and acquisition of PT JN by PT ASDP in 2019-2022 is a business decision.
Based on the legal facts at the trial, Sunoto believes that the elements of the criminal act of corruption related to state financial losses that were charged by the KPK prosecutor were not proven conclusively.
“The defendants should be declared free from all legal charges or ontslag,” said Sunoto when reading his opinion or dissenting opinion at the verdict hearing at the Jakarta Corruption Court, Thursday (20/11).
Sunoto said that Ira et al’s actions were a business decision protected by the Business Judgment Rule (BJR).He considered that Ira et al had acted in good faith and were careful without having malicious intentions (mens rea) to harm the country.
“Directors will be very afraid to make business decisions that involve risks even though these decisions are necessary for the growth and development of the company, the best professionals will think many times about accepting leadership positions in BUMN because they are worried that every business decision that is not optimal could be criminalized,” said Sunoto.
(mnf/isn)
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