Former Bandung govt secretary
gets 8 years
gets 8 years
The Bandung Corruption Court handed down an
eight-year sentence on Thursday to former Bandung administration secretary Edi
Siswadi, after he was found guilty of bribing the court’s three judges, at the
Bandung District Court in West Java.
“He is also required to pay a fine of Rp 500 million [US$43,092] or spend another three months in jail,” said presiding judge Nur Hakim on Thursday.
The court ruling was lighter than the 12 years’ imprisonment sought by prosecutors.
The panel of judges said Edi was proven guilty of committing corruption with former Bandung mayor Dada Rosada; his subordinate Herry Nurhayat and middleman Toto Hutagalung, who is also a community leader in Bandung, to bribe former judge Setyabudi Tejocahyono when the latter was handling a graft case involving Bandung government social assistance funds in 2009 and 2010.
Nur said Edi had violated two articles of Law No. 31/1999 on corruption eradication, which was amended to Law No. 20/2001. Both articles concern bribing judges and state officials.
Defendant Edi and Corruption Eradication Commission (KPK) prosecutor Riyono said they would consider the decision.
The bribery occurred when Edi and Dada served as administration secretary and mayor, respectively. They bribed former Bandung District Court deputy head Setyabudi, who presided over the trials of seven defendants who had misappropriated social assistance funds.
In the indictment, Dada, named as mayor, Edi as administration secretary and Herry as budget official, were deemed responsible for the funds’ usage.
The case stemmed from an indictment, which stated seven defendants under the name of Rohman and his colleagues — who were Dada’s subordinates — were proven guilty of embezzling Bandung city social assistance funds in the 2009-2010 budget year.
Prosecutor Riyono said Dada, Edi and Herry had requested that the judges hand down light sentences to Rohman and his colleagues, and not include Dada, Edi and Herry in their legal consideration.
Dada, Edi and Herry decided to give Rp 2.3 billion and another $160,000. They provided furniture worth Rp 25 million for Setyabudi’s official residence and money for him and two judge panel members, Ramlan Comel and Pasti Serefina Sinaga, for their recreation.
“Dada’s name was mentioned in the indictment. Feeling uneasy and later discussing the matter with Edi, who was of the same fate, they made an effort to convince the judges to give lighter sentences to Rohman and his colleagues, and not include their names in the indictment,” said Riyono, adding the bribe attempted to influence the court ruling.
The panel of judges later handed down a sentence of a year and a fine of Rp 50 million for the seven defendants, who had embezzled the city’s social funds.
Riyono said prosecutors then sought a four-year sentence and a fine of Rp 100 million for each of them, or stipulated that they face another four months in prison.
“In the verdict, the judges also did not include the names of Dada, Edi and Herry,” added Riyono.
Setyabudi has already been sentenced to 12 years in prison for his role in the bribery case. The two other judges, Ramlan and Pasti, will reportedly soon face trial.
As for Dada, prosecutors have asked the Bandung Corruption Court to sentence the former Bandung mayor to 15 years in prison.
Prosecutors also asked the court to fine Dada Rp 600 million or make him serve an additional six months in prison if he failed to pay the fine.
Herry has already been sentenced to five years in the same case.
“He is also required to pay a fine of Rp 500 million [US$43,092] or spend another three months in jail,” said presiding judge Nur Hakim on Thursday.
The court ruling was lighter than the 12 years’ imprisonment sought by prosecutors.
The panel of judges said Edi was proven guilty of committing corruption with former Bandung mayor Dada Rosada; his subordinate Herry Nurhayat and middleman Toto Hutagalung, who is also a community leader in Bandung, to bribe former judge Setyabudi Tejocahyono when the latter was handling a graft case involving Bandung government social assistance funds in 2009 and 2010.
Nur said Edi had violated two articles of Law No. 31/1999 on corruption eradication, which was amended to Law No. 20/2001. Both articles concern bribing judges and state officials.
Defendant Edi and Corruption Eradication Commission (KPK) prosecutor Riyono said they would consider the decision.
The bribery occurred when Edi and Dada served as administration secretary and mayor, respectively. They bribed former Bandung District Court deputy head Setyabudi, who presided over the trials of seven defendants who had misappropriated social assistance funds.
In the indictment, Dada, named as mayor, Edi as administration secretary and Herry as budget official, were deemed responsible for the funds’ usage.
The case stemmed from an indictment, which stated seven defendants under the name of Rohman and his colleagues — who were Dada’s subordinates — were proven guilty of embezzling Bandung city social assistance funds in the 2009-2010 budget year.
Prosecutor Riyono said Dada, Edi and Herry had requested that the judges hand down light sentences to Rohman and his colleagues, and not include Dada, Edi and Herry in their legal consideration.
Dada, Edi and Herry decided to give Rp 2.3 billion and another $160,000. They provided furniture worth Rp 25 million for Setyabudi’s official residence and money for him and two judge panel members, Ramlan Comel and Pasti Serefina Sinaga, for their recreation.
“Dada’s name was mentioned in the indictment. Feeling uneasy and later discussing the matter with Edi, who was of the same fate, they made an effort to convince the judges to give lighter sentences to Rohman and his colleagues, and not include their names in the indictment,” said Riyono, adding the bribe attempted to influence the court ruling.
The panel of judges later handed down a sentence of a year and a fine of Rp 50 million for the seven defendants, who had embezzled the city’s social funds.
Riyono said prosecutors then sought a four-year sentence and a fine of Rp 100 million for each of them, or stipulated that they face another four months in prison.
“In the verdict, the judges also did not include the names of Dada, Edi and Herry,” added Riyono.
Setyabudi has already been sentenced to 12 years in prison for his role in the bribery case. The two other judges, Ramlan and Pasti, will reportedly soon face trial.
As for Dada, prosecutors have asked the Bandung Corruption Court to sentence the former Bandung mayor to 15 years in prison.
Prosecutors also asked the court to fine Dada Rp 600 million or make him serve an additional six months in prison if he failed to pay the fine.
Herry has already been sentenced to five years in the same case.
Sumber : http://www.thejakartapost.com/news/2014/04/25/former-bandung-govt-secretary-gets-8-years.html
Comment :
I think , in
the case of bribery action against judges has been very against the law and
judicial rules and not in accordance with the code of ethics of the profession
as a panel of judges in Indonesia . The action has defamed itself from judicial
office because , the judges would not be appropriate to accept bribes of the
corrupt . The judges should follow up cases of corruption committed by the corrupt
firmly and thoroughly.
And in this case to the prosecutor's members must be at least scrutinize the actions of the judges . Especially in the case of criminal punishment for the corrupt . that the punishment endured by the corrupt criminal in accordance with the laws - laws that apply . whereas for the judges to have received bribes are followed to legal action . that the legal policy in Indonesia is also not underestimate the Indonesian society itself. because so far the law in Indonesia is still less resolute in combating corruption in Indonesia .
