Bribery and Money Laundering Case: Advocate Marcella Santoso Faces 17-Year Prison Sentence Demand
Advocate Marcella Santoso has been sentenced to a demanded 17 years’ imprisonment in a case involving alleged bribery of judges and money laundering (TPPU).
“[We request the panel of judges] to impose a prison sentence of 17 years on the defendant Marcella Santoso,” said the prosecutor whilst reading out the sentencing demand at the Corruption Court (Tipikor) at the Central Jakarta District Court on Wednesday afternoon (18 February).
Prosecutors also demanded that Marcella be ordered to pay a fine of Rp600 million, with a subsidiary penalty of 150 days’ imprisonment in lieu of payment.
Additionally, prosecutors sought an additional penalty requiring payment of restitution amounting to Rp21.6 billion.
“Should the defendant not possess sufficient assets to pay the restitution, the amount shall be substituted with eight years’ imprisonment,” the prosecutor stated.
Prosecutors further requested that the panel of judges order the relevant advocates’ organisation to disbar Marcella from practising law.
In arriving at the sentencing demand, prosecutors considered a number of aggravating and mitigating circumstances.
The aggravating factors included that Marcella’s actions undermined the government’s programme for clean governance free from corruption, collusion, and nepotism.
Her actions were deemed to have damaged public trust, particularly in the judicial institution, and to have tarnished the dignity and standing of the legal profession.
As the bribe-giver, Marcella was found to have benefited from the proceeds of the bribery offence and refused to acknowledge her actions.
“Mitigating circumstances: none,” the prosecutor stated.
Marcella was found to have violated Article 6 paragraph 1 letter (a) in conjunction with Article 18 of the Anti-Corruption Law, in conjunction with Article 20 letter (c) of Law No. 1 of 2023 on the Criminal Code, and Article 607 paragraph 1 letter (a) in conjunction with Article 20 letter (a) of the Criminal Code.
Marcella faces prosecution for allegedly bribing the panel of judges at the Jakarta Corruption Court who were presiding over the case involving Permata Hijau Group, PT Wilmar Group, and PT Musim Mas Group in a corruption case related to crude palm oil (CPO) exports and derivative products during the January–April 2022 period, with bribes totalling Rp40 billion.
The offence was committed by Marcella together with several co-defendants, namely Ariyanto and Juanedi Saibih, both advocates, as well as M. Syafei acting as a representative of Wilmar Group, Permata Hijau Group, and Musim Mas Group.
Marcella, Ariyanto, and M. Syafei are also accused of money laundering.
According to prosecutors, Marcella laundered Rp52.5 billion. She allegedly used company names for asset ownership and commingled funds suspected of being proceeds of corruption with legitimately obtained income.
“In the form of money in US dollars equivalent to Rp28 billion controlled by the defendants Marcella, Ariyanto, and M. Syafei, and legal fees amounting to Rp24.5 billion derived from the proceeds of corruption in the case of giving or promising something to a judge,” the prosecutor stated in the indictment.
“With the intention of influencing the outcome so that the corporate cooking oil corruption case would be decided with an acquittal, and with the purpose of concealing or disguising the origin of the assets — including, among other things, using company names for asset ownership and commingling proceeds of crime with lawfully obtained funds,” the prosecutor added.
Meanwhile, M. Syafei is alleged to have laundered Rp28 billion along with operational funds of Rp411.7 million.