RETURN OF ALL STATE FINANCIAL LOSSES BEFORE THE CASE IS SUBMITTED TO THE COURT DOES NOT ELIMINATE ACTS OR ERRORS BUT IT CAN BE USED AS A REASON FOR CRIMINAL REDUCTION

In this case, the convicts have returned all state losses amounting to Rp. 315,027,250.83 (three hundred fifteen million twenty seven thousand two hundred fifty point eight three rupiah), but cannot erase the criminal acts committed by the convicts in accordance with Article 4 Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. Thus, the Judex Juris and Judex Facti decisions regarding the imposition of Replacement Money on the Convicts must be corrected by taking into account the money that the Convicts have entrusted to the Public Prosecutor.

That because all of the State’s financial losses have been recovered by the Convicts since before the files were handed over to the court, the punishment imposed on the Convicts will be reduced as stated in this decision in order to better fulfill the sense of justice.

→ Supreme Court Decision Number 173 PK/Pid.Sus/2019, dated 29 July 2019.

Source:

https://putusan3.mahkamahagung.go.id/direktori/putusan/c9bae43cd43a3e8fc78d3e069f429fd8.html.

Regards,

Fredrik J. Pinakunary