Judges acquit two defendants in MXGP Samota land corruption case
Mataram (ANTARA) - A panel of judges has acquitted Pung Saifullah Zulkarnaen and Muhammad Jan, defendants in the 2022 MXGP Samota circuit land procurement corruption case in Sumbawa Regency, West Nusa Tenggara.
“Adjudicating, the court declares that the acts charged against the defendants have been proven, but those acts do not constitute a criminal offence. Therefore, the defendants are released from all legal claims,” said Presiding Judge Lalu Moh. Sandi Iramaya when reading the verdict for both defendants simultaneously at the Mataram District Court on Wednesday evening.
The judge also requested that the public prosecutor restore the full dignity and standing of both defendants as well as the company where they work, namely the Public Appraisal Services Office (KJPP) Pung’s Zulkarnain.
Regarding the state financial loss of Rp6.7 billion as audited by the West Nusa Tenggara Representative Office of the Financial and Development Supervisory Agency (BPKP), the amount had already been returned during the investigation stage by Ali Bin Dachlan, the former East Lombok Regent, in his capacity as the land seller.
The judge requested that the excess payment for the land procurement be returned to the Sumbawa Regency Government treasury.
Prior to the verdict for the two defendants, the panel of judges first read out the verdict for defendant Subhan, the former head of the Sumbawa Regency National Land Agency (BPN).
The judge sentenced him to 1 year and 3 months in prison and a fine of Rp50 million, with a subsidiary sentence of 50 days in lieu of the fine.
The judge imposed the sentence after finding that defendant Subhan had been proven to have abused his authority and position and enriched others, causing losses in the land procurement amounting to Rp6.7 billion.
The judge delivered the verdict by ruling that the defendant’s actions were proven to violate the prosecutor’s subsidiary charge under Article 604 in conjunction with Article 20 letter a of Law Number 1 of 2023 concerning the Criminal Code, in conjunction with Article 18 of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 on the Eradication of Corruption.
Prosecutors had previously requested that the judge sentence Subhan to three years in prison and a fine of Rp500 million, with a subsidiary sentence of 140 days in lieu of the fine.
Prosecutors made that demand by stating that the defendant’s actions had been proven to violate the primary charge under Article 603 in conjunction with Article 20 letter a or c of Law Number 1 of 2023 concerning the Criminal Code, in conjunction with Article 18 of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 on the Eradication of Corruption.
Pung Saifullah Zulkarnaen and Muhammad Jan from the Public Appraisal Services Office (KJPP) Pung’s Zulkarnain were also charged under the primary charge.
The difference in the charges lay in the sentencing demands. For Pung Saifullah Zulkarnaen, as director of the appraisal firm, prosecutors requested a two-year prison sentence, while for his subordinate, Muhammad Jan, they requested two years and six months.