After Reading Pledoi, Can Juliari's Sentence Be Under 11 Years?

11 Agu 2021 15:30
Former Social Minister Juliari Batubara asked the panel of judges to acquit himself of all charges over the alleged corruption case of the COVID-19 social assistance package (bansos) in 2020. Juliari made the request while reading the pledoi, Monday 9 August.

Chairman of the Consortium for Indonesian Law Enforcement (KOPHI) Rudy Marjono and the defendant Juliari Batubara. Illustration: Bitor Ekin Putra/ VOI

Chairman of the Consortium for Indonesian Law Enforcement (KOPHI) Rudy Marjono said what Juliari said would certainly lead to the humanitarian side. However, there are other considerations that break it.

Rudy considered that if Juliari was charged with Article 12 letter b in conjunction with Article 18 of the Republic of Indonesia Law Number 31 of 1999 in conjunction with Article 55 paragraph (1) of the 1st Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code regarding bribery, 11 years in prison a fine of Rp 500 million subsidiary 6 months of imprisonment by the KPK, the demands are not commensurate with what he did.

Rudy said, it is very embarrassing if the practice of corruption is carried out when the country is experiencing a disaster. In addition to harming state finances, it also hurts people's hearts because the social assistance package is used.

"If I judge the demands are not comparable. With the mandate that he has to carry for the welfare of the Indonesian people, it is not comparable. It's too stupid if he plays with social assistance funds. Don't play games with social assistance." said Rudy to VOI by telephone, Tuesday 10 August.

From the contents of the pledoi read, the former PDI-P General Treasurer relates the fate of his family, as well as mentions that his children still need the role of a father.

Rudy explained that there was a chance for Juliari to get a sentence of under 11 years. Because in Article 12 b there is a minimum sentence of 4 years, but it seems that the judge will not be less than that (4 years, ed). Juliari, continued Rudy, could have been sentenced to under 11 years (above 4 years).

"The opportunity does exist, so it all goes back to the judge's conviction. The judge was convinced of the defendant's actions, then in terms of whether there was a justification, or other things that gave the belief that the 11-year sentence was too heavy. Yes, it could, it could go down." he explained.

In the memorandum of defense, Juliari's attorney said the charges were based solely on the assumption of two of Juliari's subordinates, Adi Wahyono and Matheus Joko Santoso.

Observing this, Rudy again emphasized that Article 12 b does not look at who committed the crime. He said the article was related to the position, in this case Juliari as Minister of Social Affairs (state official).

“With whomever the person can not give the value of justification to be light. But the fact that he does that will give space for others to do the same.” Rudy concluded.

The KPK prosecutor assessed that Juliari was proven to have accepted bribes in the procurement of the COVID-19 social assistance package in 2020 amounting to Rp 32.48 billion. The public prosecutor said that Juliari ordered two of his subordinates, Matheus Joko and Adi Wahyono, to ask for a fee of Rp. 10,000 per social assistance package from the provider.

Source :

Rudy Marjono, SH