Two defendants in fictitious housing project case sentenced to 2 and 3 years in prison

Jakarta (ANTARA) - Two defendants in the alleged fictitious procurement case for a housing project in 2022-2023, Herry Nurdy Nasution and Didik Mardiyanto, have been sentenced to imprisonment of 2 years and 3 years respectively. Presiding Judge I Wayan Yasa stated that the two defendants were proven to have managed funds privately outside of accounting by disbursing company funds using fictitious procurement of goods and services. “It is declared that the defendants are legally and convincingly proven guilty of committing the criminal act of corruption, as charged in the second indictment,” said the Presiding Judge during the reading of the panel of judges’ verdict at the Corruption Court at the Central Jakarta District Court on Tuesday. In addition to corporal punishment, the panel of judges also sentenced the two defendants to fines of Rp200 million each, with the provision that if not paid, it will be replaced (subsidiary) with imprisonment for 80 days. Specifically for Didik Mardiyanto, an additional penalty of restitution payment of Rp8.99 billion subsidiary 2 years and 6 months imprisonment was imposed. The Presiding Judge explained that the fictitious procurement was carried out by the two defendants in the housing construction project, one of which was the construction of a feronickel smelter in Kolaka Regency, Southeast Sulawesi. Then, the Mines of Bahodopi Block 2 and 3 project for PT Vale Indonesia Tbk in Morowali Regency, Central Sulawesi, Sulut-1 Coal FSPP, FSPP Portsite, Mobil Power Plant Package 7 and 8, Bangkanai GEPP 140MW 0, and Manyar Power Line. Thus, the two defendants were proven to have violated Article 604 in conjunction with Article 20 letter c jo. Article 126 paragraph (1) of the National Criminal Code jo. Article 18 of Law Number 31 of 1999 on the Eradication of Criminal Acts of Corruption as amended and supplemented by Law Number 20 of 2001. Before handing down the verdict, the panel of judges considered several aggravating and mitigating factors. The aggravating circumstances, namely the defendants’ actions contradict the government’s efforts in eradicating corruption and reduce public trust in BUMN institutions. Meanwhile, the mitigating circumstances considered include the defendants’ polite behaviour in court and having family dependents. “After considering the aggravating and mitigating factors, the verdict handed down is felt to be close to a sense of justice,” said the Presiding Judge. The verdict handed down by the panel of judges is lighter than the prosecutors’ demands. Previously, Herry and Didik were each demanded sentences of 3 years and 5 years imprisonment as well as fines of Rp200 million subsidiary 1 year imprisonment. Nevertheless, for the restitution penalty imposed, the amount remains the same, although the subsidiary imprisonment is slightly harsher. Didik Mardiyanto was demanded to be sentenced to pay restitution of Rp36.03 billion, minus a return of Rp27.04 billion, so the remaining amount to be paid is Rp8.99 billion subsidiary imprisonment for 1 year and 6 months. Meanwhile, Herry was demanded to be imposed with restitution of Rp10.8 billion, minus a return of the same amount, so Herry is no longer burdened with paying restitution.