The Supreme Court (MA) circumcised the sentence of the former Head of Batam Customs and Excise Facility Services (PFPC), Mokhammad Mukhlas. In that case, Mokhammad Mukhlas opened the import of textiles from China so that the state lost Rp. 1.6 trillion. The case occurred in 2018-2020. Mokhammad Mukhlas et al. flirt with importers by allowing textiles to exceed the amount specified in the Textile and Textile Product Import Agreement (PI-TPT). Before imported textiles entered the Batam Free Zone (Free Trade Zone), this gang changed and reduced the numerical data (quantity) listed in the packing list document with an amount of between 25-30 percent.
But it's not free. Mokhammad Mukhlas gets a certain amount of money from every incoming container. Recently, this case was detected by the Attorney General's Office (Kejagung). Mokhammad Mukhlas et al were finally processed and tried separately.
In court, the prosecutor stated that based on the Analysis of State Economic Loss Calculation of Corruption in Textile Importation at the Directorate General of Customs and Excise from 2018 to 2020 from the Department of Economics, Faculty of Economics and Business, Gajah Mada University, dated August 1, 2020, the state's economic losses in the case that can be assessed economically is a minimum of Rp. 1,646,216,880,000.
Because the state loss was very large, the prosecutor charged Mokhammad Mukhlas in layers, namely:
Article 2 Paragraph (1) of the Anti-Corruption Law, the maximum sentence is life imprisonment
Article 3 of the Anti-Corruption Law, the maximum sentence is life imprisonment
Article 18 Paragraph (1) of the Anti-Corruption Law, concerning the threat of asset confiscation to the revocation of certain rights.
Article 5 Paragraph (2) of the Anti-Corruption Law, the maximum sentence is 5 years in prison.
Article 5 Paragraph (1) letter a of the Corruption Law, the maximum sentence is 5 years in prison.
Article 12 letter b of the Anti-Corruption Law, maximum sentence of 12 years in prison
On April 7, 2021, the Central Jakarta District Court (PN Jakpus) sentenced Mokhammad Mukhlas to 2 years in prison. The Central Jakarta District Court also imposed a fine of Rp. 50 million, subsidiary of 3 months in prison.
At the appeal level, Mokhammad Mukhlas' sentence was doubled. The Jakarta High Court (PT) sentenced Mokhammad Mukhlas to 5 years in prison with a fine of IDR 50 million with a subsidiary to 2 months.
For that matter, the prosecutor who demanded 8 years in prison filed an appeal. Likewise, Mokhammad Mukhlas did not accept and proposed the same effort. What did MA say?
"Improved the decision of the Corruption Court at the DKI Jakarta High Court regarding the sentence imposed on the Defendant to imprisonment for 4 years and a fine of Rp. 50 million, provided that if the fine is not paid, it will be replaced with imprisonment for 3 months," said a spokesperson for the Supreme Court. , Chief Justice Andi Samsan Nganro told reporters, Friday (10/12/2021).
Sitting as chairman of the Suhadi assembly with members Suharto and Ansori. The panel considered that the High Court's decision was correct, but the length of the sentence needed to be improved.
"Due to the proven article, namely Article 5 Paragraph (2) of the Anti-Corruption Law, the maximum threat of which is 5 years, then if the judex facti High Court imposes a maximum corporal punishment, the judex facti should consider that mitigating circumstances do not exist or are found. The High Court did not consider aggravating circumstances and mitigating circumstances, so the judex facti decision of the High Court was not considered (onvoldoende geomotiverd)," said the cassation panel.
The cassation decision Number 4551 K/Pid.Sus/2021 was decided on December 8, 2021.
