Judge: Noel's Achievements Merit State Appreciation Without Negating Criminal Liability
Jakarta (ANTARA) - A panel of judges has opined that the achievements of defendant Immanuel Ebenezer Gerungan during his tenure as Deputy Minister of Manpower for the 2024–2025 period deserve state appreciation without eliminating his criminal responsibility for his actions in the occupational health and safety (K3) case within the Manpower Ministry.
Presiding Judge Nur Sari Baktiana revealed that this was considered by observing and studying Noel’s defence and his bureaucratic track record while in office.
“The matters presented by the defendant are true and real, thus they merit appreciation from the state without negating the criminal accountability for the defendant’s actions which have been proven according to the legal considerations presented,” the Presiding Judge stated during the verdict hearing at the Corruption Court at the Central Jakarta District Court on Thursday.
According to the panel of judges, state appreciation for Noel should be given considering that his actions while serving as deputy minister personified the state’s presence in protecting citizens’ rights in the field of manpower.
The Presiding Judge revealed that Noel had proven his capacity as a representative of the state through concrete policy breakthroughs, namely the issuance of two important circulars in a short period: the prohibition on the practice of retaining diplomas and the elimination of discriminatory recruitment requirements.
Legally, the panel of judges assessed that Noel’s actions were not merely administrative matters but rather a manifestation of the state’s stance to restore dignity and provide legal certainty for millions of Indonesian workers, who had been held hostage for decades by an unjust system or excluded simply because of age limits, physical appearance, or marital status, all irrelevant to work capability.
The Presiding Judge conveyed that true justice must be able to weigh clearly the mistakes made against the magnitude of the positive contributions Noel had rendered to the nation and state during his tenure.
Therefore, the panel of judges considered Noel’s various services while serving as deputy minister, which represented a tangible state presence amidst the difficulties of ordinary people, as mitigating factors warranting a proportional sentence rather than retribution.
“This is to achieve justice for the defendant and the defendant’s family specifically, as well as to serve an educational purpose for the nation and society in general,” the Presiding Judge stated.
In the case of alleged extortion related to the processing of Occupational Health and Safety (K3) certificates within the Manpower Ministry and gratification during the 2024–2025 period, Noel was sentenced to four years and six months in prison, a fine of Rp200 million, subsidiary to 90 days imprisonment, and an additional penalty of paying restitution amounting to Rp3.43 billion, subsidiary to one year in prison.
The verdict handed down by the panel of judges was slightly lighter than the public prosecutor’s demand of five years’ imprisonment, a fine of Rp250 million subsidiary to 90 days in prison, and restitution of Rp4.43 billion subsidiary to two years.
The sum includes Rp3 billion in non-technical funds from extortion related to K3 certificate processing at the Manpower Ministry and Rp435 million in gratuities received from various parties during Noel’s time as deputy minister.
Additionally, he was also proven to have received a gratuity in the form of a Ducati Scrambler motorbike from Irvian Bobby Mahendro.
Noel was declared to have committed extortion alongside 10 other defendants in the case, whose charges were read out in separate trials.
The 10 other defendants are Temurila and Miki Mahfud, Fahrurozi, Subhan, Gerry Aditya Herwanto Putra, Sekarsari Kartika Putri, Anitasari Kusumawati, Supriadi, Irvian Bobby Mahendro Putro, and Hery Sutanto.
As such, the former deputy minister was found guilty of violating Article 12 letter b and Article 12 B in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended and supplemented by Law 20 of 2001 in conjunction with Article 20 letter c in conjunction with Article 127 paragraph (1) of the National Criminal Code.