Judges’ Reasoning in Acquittal Serves as Evaluation

KOMPAS/HERU SRI KUMORO

Sofyan Basir (fifth left) waves upon his release on Monday (4/11/2019) from the Corruption Eradication Commission (KPK) detention center in East Jakarta. The Jakarta Corruption Court cleared the former president director of state-owned electricity company PT PLN of all charges in connection with the Riau-1 coal-fired power plant graft case.

JAKARTA, KOMPAS — The Corruption Eradication Commission (KPK) plans to file a cassation appeal with the Supreme Court on the acquittal of state-owned electricity company PT PLN former president director Sofyan Basir. However, PLN has yet to launch a detailed study on the judges’ reasoning behind the acquittal, which will serve as an evaluation in the filing of the cassation.

The panel of judges at the Jakarta Corruption Court, presided over by Hariono, acquitted Sofyan on Monday (4/11/2019). In the evening, Sofyan was released from the KPK penitentiary located behind the KPK building in Jakarta.

KPK chair Agus Rahardjo said on Agus’ acquittal that the cassation remained an option for the KPK. However, the commission is still waiting for a copy of the ruling before evaluating its strategy.

This is not the first acquittal faced by the KPK. In 2011, former Bekasi mayor Mochtar Muhammad was acquitted by the Bandung Corruption Court in West Java. In 2017, former Rokan regent Hulu Suparman was also acquitted by the Pekanbaru Corruption Court in Riau. However, the acquittals were later overturned by the Supreme Court and both Mochtar and Hulu were found guilty.

KOMPAS/RADITYA HELABUMI

Sofyan Basir, the former president director of state-owned electricity company PT PLN, attends his verdict hearing on Monday (4/11/2019) at the Jakarta Corruption Court. The court acquitted Sofyan of all charges related to his alleged role in the Riau-1 coal-fired power plant graft case, saying that the prosecution had failed to prove Sofyan’s involvement in the bribery transaction between businessman Johanes Budistrisno Kotjo and former House of Representatives legislator Eni Maulani Saragih to accelerate the project.

Meanwhile, a Supreme Court cassation panel once freed Indonesia Bank Restructuring Agency (IBRA) head Syafruddin Arsyad Temenggung from all charges in a 2004 case concerning the issuance of a letter for Bank Dagang Negara Indonesia (BDNI) owner Sjamsul Nursalim, freeing him from the obligation to pay a debt of Rp 3.7 trillion (US$264.8 million) owned to the government. The Supreme Court ruled that the incident had occurred but that it was not a crime (Kompas, 10/7/2019).

Sofyan’s acquittal was a little different from Mochtar’s and Suparman’s, who were accused of accepting bribes. Meanwhile, Sofyan was charged with facilitating a crime.

However, on the other hand, Erwin said that recent lack of political support for corruption eradication might influence the panel of judges’ perspective on the problem.

Indonesian Legal Roundtable deputy director Erwin Natosmal Oemar said the verdict should serve as an evaluation. The KPK should be careful and diligent in proving highly complex cases with rare components. However, on the other hand, Erwin said that recent lack of political support for corruption eradication might influence the panel of judges’ perspective on the problem.

Disproven

Sofyan was named a corruption suspect on May 6 over suspicions concerning the construction of Riau-1 coal power plant amid a police investigation into House of Representative Commission VII former deputy head Eni Maulani Saragih. Other than Eni, businessman Johannes Budistrisno Kotjo, former Golkar Party politician Idrus Marham and PT Borneo Lumbung Energy & Metal director Samin Tan also faced the law. Sofyan faced charges of facilitating a crime.

In its ruling, the panel of judges said there was no proof Sofyan had facilitated the crime. Sofyan was deemed to have no information regarding the bribery between Kotjo, Eni and Idrus. The meeting he held with other PLN officials, Eni, Idrus and Kotjo was not categorized as facilitating a crime. Sofyan was also deemed to have not influenced the acceleration of the agreement concerning the Riau-1 power plant construction project.

KOMPAS/RADITYA HELABUMI

Sofyan Basir (left), the former president director of state-owned electricity company PT PLN, embraces a former colleague after the Jakarta Corruption Court acquitted him on Monday (4/11/2019) in his Riau-1 coal-fired power plant graft trial. The court said that the prosecution had failed to prove Sofyan’s involvement in the bribery transaction between businessman Johanes Budistrisno Kotjo and former House of Representatives legislator Eni Maulani Saragih.

In response to the ruling, Sofyan expressed gratitude. Meanwhile, Sofyan’s lawyer Soesilo Aribowo said the reasoning applied by the panel of judges was in line with their expectations. He said that deliberation was the main aspect of crime facilitation. However, in the context of this case, he said that Sofyan had no idea of the bribery between Kotjo and Eni. Nevertheless, he said that they would be prepared to face the KPK’s cassation appeal.

Regarding the cassation, University of Indonesia criminal law lecturer Akhiar Salmi said that he wished to remind the KPK to focus on the judges’ ruling and study their reasoning. (IAN/SPW/SHR/REK)