Advocate Marcella Santoso, the defendant in a case involving alleged\nbribery of judges and Money Laundering Offences (TPPU), raised concerns\nabout judicial mafia during rebuttal proceedings held on Friday (27\nFebruary) evening.<\/p>\n
Marcella claimed she was not judicial mafia but rather a victim.<\/p>\n
\u201cMy fellow advocates and I are extremely vulnerable to becoming\nvictims of judicial mafia. I am not judicial mafia. I am actually a\nvictim of parasites eroding justice,\u201d Marcella said at the Corruption\nCrimes Court (Tipikor) at the Jakarta Central District Court on Friday\n(27 February).<\/p>\n
Marcella stated that judicial mafia constitutes parasites eroding the\nprocess of seeking justice in society. The victims of such parasites are\nnot only justice seekers but also law enforcement officials, including\nadvocates who occupy the most vulnerable position as they are not part\nof those protected by state power.<\/p>\n
Marcella said these parasites peddle terror, fear and false\nconfidence.<\/p>\n
\u201cThese parasites cause justice seekers to build expectations based\nnot on legal arguments and facts presented at trial, but on non-legal\nforces,\u201d she said.<\/p>\n
Marcella stated that this resulted in justice seekers repeatedly\nbeing shown that legal certainty is guaranteed by forces outside the\nlaw.<\/p>\n
However, she clarified, legal certainty should be guaranteed by the\njudges\u2019 bench.<\/p>\n
Therefore, Marcella appealed to the government to rescue her fellow\nadvocates and law students from parasites eroding justice.<\/p>\n
\u201cPunishing me to the maximum will not eliminate these parasites. The\nparasites will simply move on and erode others,\u201d she said.<\/p>\n
\u201cWhat needs to be done is to build a system that truly protects the\nlegal profession from such parasitic practices,\u201d she added.<\/p>\n
Marcella stated that the trial revealed parties attempting to contact\nher and sell terror through various means. She even mentioned requests\nfor money from law enforcement officials to her staff at Aryanto Arnaldo\nLaw Firm with the purpose of making contact with relevant parties.<\/p>\n
\u201cI chose to avoid contact. I never agreed, never approved, and never\nmet with such parties,\u201d she stated firmly.<\/p>\n
Marcella dismissed the prosecution\u2019s allegations that she committed\nmoney laundering.<\/p>\n
She argued that the prosecution\u2019s claim for replacement money was\nbased solely on photographs taken by finance staff.<\/p>\n
Meanwhile, other evidence including US$2 million in cash, transfers\nexceeding US$100,000, and the financial profile of others who received\nbribes were ignored.<\/p>\n
\u201cForensic accountant analysis shows my financial profile is adequate.\nThe Rp24 billion referred to as proceeds of crime is legal fees. These\nfunds came from private clients, not state money. Legal fees were paid\naccording to proposals, legal service agreements, invoices, and transfer\nreceipts submitted at trial,\u201d she explained.<\/p>\n
Marcella claimed she never promised case success and did not commit\nbribery. She said all work was conducted professionally and demonstrated\nat trial.<\/p>\n
Therefore, she argued, applying money laundering statutes without\nregard to temporal and relevance factors constitutes a dangerous\nprecedent for law enforcement.<\/p>\n
\u201cDo not let hatred toward me become justification for applying the\nlaw disproportionately,\u201d she said.<\/p>\n
Previously, Marcella Santoso was charged with 17 years imprisonment\nin the case involving alleged bribery of judges and money\nlaundering.<\/p>\n
\u201c[The bench is requested] to impose a sentence on defendant Marcella\nSantoso of 17 years imprisonment,\u201d the prosecutor said when reading out\nthe indictment at the Corruption Crimes Court (Tipikor) at Jakarta\nCentral District Court on Wednesday (18 February) afternoon.<\/p>\n
The prosecutor also sought to have Marcella fined Rp600 million,\nalternatively 150 days imprisonment.<\/p>\n
Additionally, the prosecutor sought to have the bench impose\nsupplementary penalties on Marcella including an obligation to pay\nreplacement funds totalling Rp21,602,138,412, alternatively 8 years\nimprisonment.<\/p>\n
The prosecutor also sought to have the bench order the advocate\norganisation to bar Marcella from her profession.<\/p>\n
The verdict reading in this case is scheduled for Tuesday, 3\nMarch.<\/p>\n
Marcella is being prosecuted for allegedly bribing judges of the\nCorruption Crimes Court in Jakarta who handled cases involving Permata\nHijau Group, PT Wilmar Group and PT Musim Mas Group in a crude palm oil\n(CPO) and derivative export corruption case for the period January-April\n2022 with funds totalling Rp40 billion.<\/p>\n
The criminal conduct was carried out by Marcella together with\nseveral other defendants: Ariyanto and Juanedi Saibih, also advocates,\nand M. Syafei as representatives of Wilmar Group, Permata Hijau Group,\nand Musim Mas Group.<\/p>\n
Marcella, Ariyanto and M. Syafei are also accused of money\nlaundering.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/marcellas-rebuttal-raises-concerns-about-judicial-mafia-parasites-eroding-justice-1772283614", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }