Jakarta, hitclubapk3 Indonesia
—
Main Director of PT
ASDP
period 2017-2024
Ira Puspadewi
and two of his colleagues may be able to breathe free air today after officially receiving rehabilitation from Indonesian President Prabowo Subianto.
The possibility of acquittal is strengthened by the time limit for responding to the decision of the panel of judges at the Corruption Crime Court (Tipikor) at the Central Jakarta District Court (PN), which falls on Thursday (27/11) today.
“It’s possible tomorrow [ed: today] because the President is waiting until his legal efforts are exhausted,” said Ira et al’s lawyer, Soesilo Aribowo, at the KPK State Detention Center (Rutan) Red and White Building Branch, Wednesday (26/11).
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As of Wednesday evening, neither the Corruption Eradication Committee nor the legal advisory team of Ira et al had received the Rehabilitation Decree signed by President Prabowo.This made Ira et al have to be a little more patient in the KPK Detention Center.
“Until now, the KPK is still waiting for a Rehabilitation Decree from the President as a basis for the follow-up action that the KPK must take,” said KPK spokesman Budi Prasetyo at his office, Jakarta, Wednesday evening.
After receiving the letter, the Corruption Eradication Commission (KPK) will complete a number of administrative stages until finally expelling Ira et al from the detention center.
Previously, precisely on Tuesday (25/11) afternoon before evening, the government announced the provision of rehabilitation for Ira, 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-now Harry Muhammad Adhi Caksono.
Rehabilitation is the President’s prerogative as regulated in Article 14 paragraph 1 of the 1945 Constitution, taking into account the considerations of the DPR and the Supreme Court (MA).
Rehabilitation for defendants is regulated in the provisions of Article 97 paragraph 1 of the Criminal Procedure Code which states: a person has the right to receive rehabilitation if the court decides to be acquitted or dismissed from all legal charges whose decision has permanent legal force.
Meanwhile, in the alleged Business Cooperation (KSU) corruption case and the acquisition of PT Jembatan Nusantara (JN) by PT ASDP in 2019-2022, Ira et al were found guilty.
The panel of judges at the Corruption Crime Court (Tipikor) at the Central Jakarta District Court (PN) sentenced Ira to 4 years and 6 months in prison and a fine of Rp. 500 million, subsidiary to 3 months in prison.
Meanwhile, Muhammad Yusuf Hadi and Harry MAC were sentenced to 4 years in prison each and a fine of IDR 250 million, subsidiary to 3 months in prison.
According to the judge, the defendants have been proven to have committed criminal acts of corruption which caused state financial losses of up to IDR 1.25 trillion in KSU and the acquisition of PT JN by PT ASDP in 2019-2022.
Case number: 68/Pid.Sus-TPK/PN.Jkt.Pst was examined and tried by the chairman of the Sunoto panel with member judges Nur Sari Baktiana and Mardiantos.The verdict was read out on Thursday, November 20.
The decision was not unanimous, aka it was colored by differences of opinion or Sunoto’s dissenting opinion.
According to him, Ira et al should be acquitted (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 views that it is more appropriate to resolve the case in a civil manner because the actions of Ira et al in acquiring PT JN are protected by the principles of the Business Judgment Rule (BJR).
(ryn/gil)
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