THE DEFENDANT IS PROVEN TO HAVE COMMITTED THE ACTS CHARGED BY THE PUBLIC PROSECUTOR, BUT THE ACTS DO NOT CONSTITUTE A CRIMINAL OFFENSE

The defendant/Toni Bin Sawin (as the Village Head/Kuwu Prajawinangun Wetan) ordered Iswanto (as the Head of Sub-village I), Sutarno (as the Head of Sub-village II), and Markanah (as the Head of Sub-village III) to make direct deductions/withdrawals from the Cash Liquidity Assistance (BLT) funds that had been received by the Head of Households (KK) who had a Fuel Compensation Card (KKB) in each BLT fund distribution by way of: After the BLT funds were distributed by PT Pos and Giro officers to each household, the money received by each household was immediately asked to be deducted.

The total amount of funds deducted from the BLT funds reached Rp. 437,000,000 (four hundred thirty-seven million rupiah). Of the Rp. 437,000,000, the Defendant took Rp. 398,000,000 (three hundred ninety-eight million rupiah) to be given to households that were not registered on the BBM Compensation Card and used Rp. 39,000,000 (thirty-nine million rupiah) to build a mosque in Prajawinangun Wetan Village.

The Public Prosecutor considered that the Defendant’s actions had harmed the state in this case the Ministry of Social Affairs in the amount of Rp. 437,000,000 (four hundred thirty seven million rupiah) and threatened the criminal with Article 3 jo. Article 18 paragraph (1), (2), and paragraph (3) of Law Number 31 Year 1999 on the Eradication of Corruption Jo. Law Number 20 of 2001 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 jo. Article 64 paragraph (1) of the Criminal Code.
Based on the aforementioned charges, the Sumber District Court issued Decision No. 160/Pid.B/2008/PN.Sbr dated September 23, 2008 which essentially stated that the Defendant was not legally and convincingly proven guilty of committing the criminal act as charged by the Public Prosecutor.

Against the decision of the Sumber District Court, the Public Prosecutor filed an appeal to the Supreme Court (MA). In its consideration, the Supreme Court was of the opinion that the deduction of BLT funds had received the approval of the BLT recipients as testified by witnesses in the district court, the BLT recipients themselves handed over to the Defendant after a village meeting that was socialized to the village community, thus the Defendant’s actions lost their unlawful nature.

The Supreme Court decided that the Defendant was proven to have committed the acts charged against him, but the acts did not constitute a criminal offense and therefore released the Defendant from all legal charges.

–> Supreme Court Decision Number 41 K/PID.SUS/2009, dated August 12, 2009.

Source:

Varia Peradilan Law Magazine Year XXVI No. 300 November 2010 page 103.

Salam Pancasila,

Fredrik J. Pinakunary