Judge orders KPK Restore Jaguar Cars and Luxury Homes
North Sumatra's governor off Syamsul Arifin.
The calculation of the detention period Datok living another 12 months based on 30-month sentence handed down jail terms cut the panel of judges chaired by Rae Tjokorda Suamba, the Corruption Court, Jakarta, Tuesday (15 / 8) yesterday.
During this time, the number one in North Sumatra which has not revoked the president's authority was serving his eight months in prison. Thus, the punishment Syamsul lived 22 months. Referring to the Criminal Procedure Code, a person sentenced to parole after serving two-thirds of their sentences. That means, the period of parole will come when Syamsul undergo 20 months in prison. If one assumes custody Syamsul discounted 10 months (one-third period of detention), sentenced Datok lived another 12 months or a year from now.
Of course, if the incumbent is otherwise well-behaved Langkat, the prisoner is likely to be cut again. Naturally, if before Lebaran next year, Syamsul will breathe free air. Once again, it could change if the question or the prosecutor appealed the decision of the judges.
As is known, the judges Corruption verdict of imprisonment of 2 years and 6 months to Syamsul Arifin. Syamsul found guilty of committing corruption Langkat budget. Incumbent Langkat corruption cases that ensnared Langkat budget was also fined Rp150 million. Only, the panel of judges chaired by Rae Tjokorda Syamsul Suamba not ordered the state to pay money damages.
"The defendant Syamsul Arifin legally and convincingly committing corruption. Impose imprisonment of 2 years and 6 months and a fine of Rp150 million. If not paid to be replaced with imprisonment of 3 months, "said Tjokorda before the tap with a hammer, in the trial at the Corruption Court, yesterday.
The verdict is lighter than the demands of the Public Prosecutor (Prosecutor) who demanded Syamsul 5 years in prison. The prosecutor also asked the judges in their decision that requires the incumbent Langkat pay Rp500 million fine, 6 months confinement subsidiary. In its claim, the prosecutor also requested that Syamsul pay the cash-strapped state indemnity Rp8, 218 billion.
The judges stated, Syamsul actions violated Article 3 of Law on Corruption Eradication in conjunction with Article 55 Paragraph (1) to-1 in conjunction with Article 65 of the Criminal Code Paragraph (1) according to the indictment subsidiary.
Primary indictment with bondage article 2, paragraph (1) Jo.pasal 18 of Law No.31 of 1999, as amended by Act No. 20 of 2001, declared unfounded.
Article 3 of the Anti-Corruption Act reads, "Any person who knowingly benefit oneself or another person or a corporation, abusing authority, opportunity or means available to him because of the position or positions that could harm the state finance or economy of the state, shall be punished with imprisonment for life or imprisonment for 1 (one) year and a maximum of 20 (twenty) years or a fine of Rp 50,000,000 (fifty million rupiah) and at most 1,000,000,000.00 (one billion rupiah). "
Syamsul abused what power do? In his description, the judges stated, since 2000 Syamsul ordered Buyung Ritonga (cashier Pemkab Langkat 1998-2006), or Surya Djahisa (Head of Finance 1998-2004), or Aswan Sufri (Acting Head of Finance Head of Finance 2004-2005 and 2006-2007 ), or Taufik (Head of Finance 2007-2008), to issue a partial budget funds and budget-P Langkat for personal interests and keuarganya, and giving to others as you wish Syamsul.
Therefore, the judges assess, act Syamsul has met the elements of enriching himself or others, as stipulated in article 3. Also found to comply with the authority menyalahgunaan element.
According to the calculations of judges, cash Pemkab Langkat the collapse Rp98, 7 billion. Of that amount, which enjoyed Syamsul and his family for Rp57, 749 billion. Because Syamsul already returned the money to cash Langkat regency of Rp80, 103 billion, then Syamsul no longer need to reimburse losses to the state.
Being the difference or advantages, the judge said, it is the responsibility of Syamsul as a leader. "As already stated by the defendant," the judge said. The judges also expressed, on behalf of Jaguar cars Syamsul daughter, Beby Ardiana, who had seized the Commission, should be returned to Beby. Houses in Pejaten, South Jakarta, also should be returned to its owner.
Things that are incriminating Syamsul, because as a regent he ordered the expenditure of cash that is not budgeted in the budget. The ease, according to the judge, Syamsul polite, return the entire cash proceeds of corruption, is suffering from chronic heart, and cooperative.
Will Syamsul will appeal against this decision? "We think about the judge," Arifin said when asked Tjokorda.
Members Syamsul attorney, Abdul Hakim Siagian, said that the remaining issues not yet klir Syamsul refunds. "That we shall look at," said Abdul Hakim.
Langkat Prosecute Money Returns
From Langkat reported, executives are asked to co-ordination Commission visit at a time to take back the money from the crimes of former Regent Langkat, Syamsul Arifin seized.
"Turn the executive must menjeput ball. Coordination what's the story, so that money around Rp64 billion, it could be taken for development, "said Chairman of the PDI-P faction DPRD Kab Langkat, Ralin Langkat Sinulingga at the parliament building, yesterday.
He expressed, indeed there is currently no legally enforceable decision to request refund disegerakannya intended. Because the verdict is received Syamsul still have deadlines to allow prosecutors and legal powers Syamsul appeal.
Fauzan Arbai PAN politician and Chairman of Commission III (Finance) DPRD Langkat hope, Pemkab find out the process of making money is confiscated.
Head of Division (Head) of Treasury Board Finance and Asset Management Areas (BPAD), Matondang Effendi, through a spokesman for Langkat regency, H Syahrizal explained, Regency seeks consultation with relevant parties over the next 17 Agustusan. If the funds are disbursed immediately allowed, so impact to some projects already planned in the P-budget 2011. "Perhaps, for while the explanation given earlier can be helpful to the public," said Rizal.
Respect the Law
Upon this decision, the community of North Sumatra were asked to respect and appreciate the guilty verdict handed down Corruption judges to the governor off, Syamsul Arifin. "This trial has also gone through a long process. We must respect the decision of the law, "said Vice Chairman of the Parliament of North Sumatra, Chaidir Ritonga, yesterday.
As a legislator from the Golkar Party, Chaidir hope that the process has been undertaken can be legal certainty. "Through this decision we hope can become legal certainty whether Bang Syamsul was guilty or not. Although we know with Syamsul Bang does not appeal, "said Chaidir.
Chaidir also said his opinion is not to mengintrevensi legal decisions. "It's better to educate the public, how to respond and be able to respect judicial decisions that have become the decision," he said.
Because, he says, has been in Indonesia many legal decisions reap an excessive reaction from the public. "Indeed, this is due to the high vote of no confidence against high-ranking law enforcement," she said.
Vice Chairman of DPRD North Sumatra Sigit Pramono expressed, ruling that it meets the principles of justice. "The decision is already generating the most equitable manner to Bang Syamsul," he said.
He only notices, Syamsul can maintain health and be more patient undergoing a verdict. "Bang Syamsul should also have prepared yourself with all the risks that will be received. He must be patient and most importantly, can maintain their health, "he said again.
Politicians MCC Zulkarnain also said something similar. "May Bang Syamsul granted fortitude and strength. This is part of the way of life that in the future could be better, "he said.
He also said, Syamsul could say one thing to him that 'This is the risk of a leader. "" We hope he can still brave through it, "he said.
Various addressed
Adi Misno as Director of Investigative Research Institute for Community Empowerment (LPPM) confirms Center, accepted the verdict was enough Syamsul declared the incumbent two-period guilty of corrupt practices. "No matter the time, a day has already indicated that the deed is done Syamsul unlawful. And it is not impossible, lunge kepolitisan demands once he foundered after the verdict, "said Misno.
TS Shafi'i residents Langkat berlembaga Langkat Community Empowerment (PML) said, as the son of former regent Langkat it already gives its own color while entangled in a corruption case. Syamsul lunge from several organizations to serve Gubsu considered quite bombastic, and undeniably helped raised the prestige of Langkat.
While the Study Group Coordinator and the Marginal People's Education (KSEMAR) of North Sumatra, Togar Lubis, argues that the punishment is too light Syamsul. "Ordinary people will certainly be stunned by the verdict. This could lead to no good precedent for the judiciary, "said Lubis Togar through his cell yesterday.
Not intend to compare, exemplified Lubis, Azizah M Seif Cs which is a staff regent Syamsul when subjected to corporal punishment served 4 years in prison after being charged five years in prison in state court (PN) Stabat. Former Kadis P and P Langkat it cost the country 2 billion more. Likewise with the two staff Azizah, and Imail Adilita imposed the same sentence. (Sam/saz/mag-4)
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