Judicial Panel's Considerations in Acquitting Videographer Amsal Sitepu
The judicial panel acquitted videographer Amsal Christy Sitepu during a hearing at the Medan District Court on Wednesday (1/4). Amsal was found not guilty of mark-up in producing village profile videos in Karo Regency, North Sumatra (North Sumatra). “We declare the defendant Amsal not proven guilty by law and convincingly of committing the criminal act of corruption as charged in the primary and subsidiary indictments of the public prosecutor,” stated presiding judge Mohammad Yusafrihardi Girsang. Therefore, the panel ordered Amsal to be freed from all charges by the public prosecutor. Additionally, the panel mandated the restoration of the defendant’s rights in terms of ability, position, dignity, and honour. In its considerations, the judicial panel assessed that no unlawful acts were committed by the defendant Amsal. A crucial point was the lack of clear work specifications in the cooperation agreement between the village government and CV Promiseland, led by Amsal. The judicial panel also found the allegations of violations against the Budget Plan (RAB) unproven. The defendant’s actions could not be classified as unlawful due to the absence of firm specification parameters in the agreement’s attachment. Furthermore, the judicial panel disregarded the audit results on state losses from the Karo Regency Regional Inspectorate. According to the panel, such calculations could not serve as a basis because the work specifications were not included in the cooperation contract. Previously, public prosecutor Wira Arizona demanded a two-year prison sentence for Amsal, a fine of Rp50 million subsidiary to three months’ imprisonment. Additionally, Amsal was ordered to pay compensation for state losses amounting to Rp202,161,980. If not paid, it would be replaced with one year in prison. Earlier, the indictment stated that Amsal, also serving as Director of CV Promiseland, handled the project to produce village profile videos in Karo Regency. The programme was funded by village funds. Twenty villages across four sub-districts had their profile videos produced, including Tiganderket Sub-district (Perbaji Village), Tiga Binanga Sub-district (Perbesi Village), Tigapanah Sub-district (Ajibuhara, Salit, Kutakepar, Seberaya, Mulawari, Tigapanah, Bertah, Manukmulia, Singa, Kutabale, Suka Pilihen Villages), and Namanteran Sub-district (Sukatepu, Kuta Tonggal, Sukandebi, Kebayaken, Kutambelin, Kuta Gugung, Sigarang Garang Villages). However, the prosecutors assessed that the proposal submitted by Amsal to the village heads was not properly compiled and tended towards mark-up. Additionally, the implementation of the work was deemed not in accordance with the Budget Plan (RAB). Each village video project was set at a cost of Rp30 million per village. According to the prosecutors, for ideas to editing and dubbing in producing the village profile videos, it should have been zero rupiah. The prosecutors viewed Amsal’s actions as enriching himself by Rp202,161,980 as per the audit by the Karo Regency Inspectorate. Regarding the acquittal verdict, the public prosecutor stated they are still considering whether to file a cassation appeal or not.