Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami ANT, Agus Sahbani, Andin Aditya Rahman
Without any fanfare from the media or public, the Supreme Court last week silently handed down a decision involving corruption charges against Hotasi Nababan, the former President Director of PT Merpati Nusantara Airlines (Merpati).
The Supreme Court granted the cassation petition filed by the Prosecutor in the case, overruling the Jakarta Corruption Court’s decision which acquitted Mr. Nababan from all charges. With this decision, the Supreme Court stripped Mr. Nababan of his freedom and sentenced him to 4 years in prison and fines of IDR 200 million.
Artidjo Alkotsar, the Supreme Court Justice who chaired the panel, confirmed this decision last Friday with the words, “Granted the prosecutor’s cassation, after re-adjudicating the defendant, he is found guilty of violating Article 2 (1) of the Corruption Law” .
The Supreme Court rendered this decision on 7 May 2014, by a panel presided over by Justice Alkotsar himself, along with Justice MS Lumme and Justice Mohammad Askin. The decision was unanimous without any dissenting opinion from any of the adjudicating justices.
Mr. Nababan was found to have caused losses to the state as the security deposit paid by Merpati—a state-owned airline—amounting to USD 1 million was not returned by Thirdtone Aircraft Leasing Group (TALG). TALG promised to deliver two passenger aircraft, one Boeing 737-500 and one Boeing 737-400, to Merpati, but failed to do so.
“The defendant’s actions are against the law because he paid the security deposit of USD 1 million without using a letter of credit, even though a purchase agreement has yet to be signed between TALG and East Dover Limited as the aircrafts’ owners,” continued Justice Alkotsar.
The Supreme Court also delivered the same sentence on Tony Sudjiarto, General Manager of Procurements at Merpati, who was involved in the transaction and was also originally acquitted by the Jakarta Corruption Court.
All in Good Faith
In response to the decision, Mr. Nababan questioned the Supreme Court’s decision on the basis that acquittals cannot be petitioned for cassation.
“Article 244 of KUHAP (Criminal Procedure Law) excludes acquittal decisions from cassation,” he protested.
Mr. Nababan asserted that the Supreme Court did not give due consideration to the facts of the case, whereas the adjudicating judges at the Jakarta Corruption Court properly affirmed that Mr. Nababan did not exhibit malice in his decision to make the security deposit with TALG.
“The judges also even took the view that the security deposit payment was done transparently, prudently, in good faith, and without any conflict of interest,” criticized Mr. Nababan.
(Corruption Court, see: ILD No. 335; Supreme Court, see: ILD No. 324; BUMN Loss and State Loss, see: ILD No. 354)
(hot/kc)
ANT, Agus Sahbani, Andin Aditya Rahman
Without any fanfare from the media or public, the Supreme Court last week silently handed down a decision involving corruption charges against Hotasi Nababan, the former President Director of PT Merpati Nusantara Airlines (Merpati).
The Supreme Court granted the cassation petition filed by the Prosecutor in the case, overruling the Jakarta Corruption Court’s decision which acquitted Mr. Nababan from all charges. With this decision, the Supreme Court stripped Mr. Nababan of his freedom and sentenced him to 4 years in prison and fines of IDR 200 million.
Artidjo Alkotsar, the Supreme Court Justice who chaired the panel, confirmed this decision last Friday with the words, “Granted the prosecutor’s cassation, after re-adjudicating the defendant, he is found guilty of violating Article 2 (1) of the Corruption Law” .
The Supreme Court rendered this decision on 7 May 2014, by a panel presided over by Justice Alkotsar himself, along with Justice MS Lumme and Justice Mohammad Askin. The decision was unanimous without any dissenting opinion from any of the adjudicating justices.
Mr. Nababan was found to have caused losses to the state as the security deposit paid by Merpati—a state-owned airline—amounting to USD 1 million was not returned by Thirdtone Aircraft Leasing Group (TALG). TALG promised to deliver two passenger aircraft, one Boeing 737-500 and one Boeing 737-400, to Merpati, but failed to do so.
“The defendant’s actions are against the law because he paid the security deposit of USD 1 million without using a letter of credit, even though a purchase agreement has yet to be signed between TALG and East Dover Limited as the aircrafts’ owners,” continued Justice Alkotsar.
The Supreme Court also delivered the same sentence on Tony Sudjiarto, General Manager of Procurements at Merpati, who was involved in the transaction and was also originally acquitted by the Jakarta Corruption Court.
All in Good Faith
In response to the decision, Mr. Nababan questioned the Supreme Court’s decision on the basis that acquittals cannot be petitioned for cassation.
“Article 244 of KUHAP (Criminal Procedure Law) excludes acquittal decisions from cassation,” he protested.
Mr. Nababan asserted that the Supreme Court did not give due consideration to the facts of the case, whereas the adjudicating judges at the Jakarta Corruption Court properly affirmed that Mr. Nababan did not exhibit malice in his decision to make the security deposit with TALG.
“The judges also even took the view that the security deposit payment was done transparently, prudently, in good faith, and without any conflict of interest,” criticized Mr. Nababan.
(Corruption Court, see: ILD No. 335; Supreme Court, see: ILD No. 324; BUMN Loss and State Loss, see: ILD No. 354)
(hot/kc)