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Jakarta, CNN Indonesia –
Supreme Court (MOM) cut the punishment of employers Fahmi Darmawansyah who is also the husband of the artist Inneke Koesherawati from 3.5 years to 1.5 years in prison according to the Judicial Review (PK) in a bribery case against the head of Sukamiskin Penitentiary, Wahid Husen.
“While Wahid Husen applied for the Mitsubishi Triton car, which the reconsideration applicant later agreed to buy the car, not for the facilities obtained by the applicant but for the generosity of the applicant.“said an excerpt from PK Fahmi’s decision of the Supreme Court panel of judges, on Tuesday (9/12) quoted from Between.
Thanks to PK’s award, PK’s Panel of Judges in the Supreme Court handed down Fahmi’s sentence of 1 year and 6 months in prison and a fine of Rp100 million, a subsidiary of 6 months in prison. The PK judges were dictated by the PK judging panel consisting of Salman Luthan as the chairman of the assembly, Abdul Latif and Sofyan Sitompul respectively as members of the assembly.
In this case, it was deemed proven that Fahmi had given Wahid Husen as a state organizer in the form of car service fees, money to entertain prison guests, and birthday gifts in the form of bags. handbag Louis Vuitton for Wahid Husen’s boss, a pair of Kenzo brand sandals for Wahid Husen’s wife worth IDR 39.5 million and a type of car double 4×4 the black Mitsubishi Triton brand costs Rs 427 crore. The awards were originally said to have been awarded by Fahmi because he received a room (cell) renovation at Sukamiskin Prison, where he was locked up with his own money.
The reason the PK panel reduced Fahmi’s sentence was because the District Court’s decision had not considered the reasons for imposing a sentence.
“In which the value of the bribe delivered by the convict is relatively small and the convict has no intention of obtaining an economic benefit from the act.“said the panel of judges.
Former director of Sukamiskin Wahid Husen. (AMONG PHOTOS / Reno Esnir)
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Then, according to the facts of the trial, in the form of the testimony of witness Andri Rahmat, the statement of the witness Wahid Husen, and the statement of Fahmi, who stated that the provision of the car was unwanted (malicious intent) to influence so that could obtain facilities in the prison, which is contrary to the duties of the head of the prison. However, it was because there was an initiative to speak between Andri Rahmat and Wahid Husen in their office on the second floor of Sukamiskin Prison in April 2018 that they wanted to have a car.
So the next day, Andri Rahmat told Fahmi Darmawansyah that Wahid Husen ordered the Mitsubishi Triton car, which the convict agreed to do. Fahmi is said to have agreed to buy the car not because of the facilities obtained, but because of Fahmi’s generosity.
Another reason is that the basis for the District Court’s decision is very unfair to Fahmi.
“Because other assisted residents also receive facilities that only receive sanctions based on Law Number 12 of 1995 on Corrections in conjunction with Permenkumham Number 6 of 2013 on Rules of Prisons and State Detention Centers, therefore, the decision ‘judex facti aquo ‘has contradicted the community’s sense of justice in particular. The petitioner / convict, compared to the petitioner’s level of error with the prison sentence imposed on the petitioner for reconsideration“said the panel of judges.
The decision is based on the primary accusation of article 5 paragraph (1) letter b or article 13 of Law Number 31 of 1999 modified by Law Number 20 of 2001 on the Eradication of Corruption in relation to article 55 paragraph ( 1) 1 of the Penal Code in conjunction with article 64 paragraph (1) KUHP.
Previously, in this case, Fahmi was sentenced to the Bandung District Court with a sentence of 3.5 years in prison plus a fine of 100 million IDR, a subsidiary of 4 months in prison on March 20, 2020.
(Between / child)
[Gambas:Video CNN]
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