Lawyer The Value of Death Penalty Claims on Heru Hidayat is Excessive

Jakarta –

President Commissioner of PT Trada Alam Minera, Heru Hidayat, was charged by the prosecutor with the death penalty related to the case PT ASABRI corruption. Lawyers consider the death charge outside the prosecutor’s authority.

“The death claim is clearly an excessive and illegal claim, because the death penalty in the Corruption Law is regulated in Article 2 paragraph 2, while in Heru Hidayat’s indictment, the prosecution did not include Article 2 paragraph 2 of the Corruption Law in its indictment,” said Heru’s lawyer, HBH Kresna Hutauruk to reporters, Monday (6/12/2021).

Kresna said the prosecutor charged Heru with Article 2 paragraph 1 and Article 3 of the Anti-Corruption Law and Articles 3 and 4 of the Money Laundering Law. So he considered the prosecutor’s demands outside the indictment.

“The claims outside of this indictment are clearly not in accordance with the rules, excessive, and beyond the authority of the public prosecutor or can be considered abuse of power,” he said.

Kresna said the prosecutor had demanded Heru Hidayat with a sudden death sentence. In fact, he said, there was no article in the indictment that led to a death charge.

“The prosecutor’s reason that this is a repetition of a crime is not true, it can be seen for yourself in the Criminal Code what is the meaning of repeating a crime, the person must be punished first, then commit a crime. Meanwhile, in this case, it is clear that the Asabri case was charged by the prosecutor is 2012-2019, before Heru Hidayat was sentenced to the AJS case, so it is clear that this is not a repeat of a crime,” he said.

According to him, during the trial there was no witness who said his client received Rp 12 trillion in money as charged and demanded by the prosecutor. He also considered that the element of state losses was not proven.

Furthermore, he believes that the prosecutor’s demands have violated justice. According to him, judging the prosecutor’s death charge against Heru just to create a sensation.

“We are in this court to uphold the law and seek justice, not to seek a name or make a sensation. Of course, the demands outside of this allegation have hurt the sense of justice in this matter, especially for Heru Hidayat,” he said.

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