Tuesday, 29 August 2017

The corruptor gets a remission on the day of independence of Indonesia

Still remember the case of Gayus ..? , An employee of the Directorate General of Taxes who had stirred in the era of 2010 for the case of embezzlement, money laundering and corruption.Gayus whose full name is Gayus Halomoan Partahanan Tambunan is an employee of the Directorate General of Taxes Group III A.Orang would not expect that employees who work there is no 10 years time That, he has pocketed hundreds of billions of money spread over happy accounts and deposits.

Not only that, he also collects treasures in the form of assets consisting of Honda Jazz, Ford Everest, home in Ivory Park View, Kelapa Gading, North Jakarta, and 31 gold bars each 100 grams.

A graduate of the State College of Accountancy (STAN), after graduating from Gayus, was stationed in Balikpapan for three years before being transferred to Jakarta in the Complaint Review section of the Appeal Section and the Jakarta II DGT Lawsuit to be dismissed for tripping over a tax mafia case involving unscrupulous persons Apparatus from the prosecutor, police, and other government apparatuses in 2010.

On March 1, 2012, after passing various sessions, finally Gayus snared with layered article when the prosecutor prosecuted Gaius with four counts at once. In the first indictment, he was charged under Act No. 21 of 2000, he allegedly received a bribe worth Rp 925 million from Roberto Santonius and Rp 35 billion from Alif Kuncoro related to sunset policy of PT. Kaltim Prima Coalt, PT. Bumi Resources, and PT. Arutmin.

Gayus (antaranews.com )
)Unlike the first indictment, in the second indictment, Gayus is considered to have received a gratuity of US $ 659,800 and 9.6 million SGD but not reported to the KPK. While in the third indictment, Gayus snared with the article of Law No. 25 of 2003 on money laundering by hiding the origin of wealth into the financial service providers.In the last indictment, given that Gayus had been found to be in Bali and Singapore, there are certainly insiders who paved the action. He was eventually charged with a bribery case committed to a number of mako Brimob detainees'Coconut Two, Depok, which aims to get easily out of detention.

As a result of the indictment, Gaius was not only sentenced to imprisonment, but also impoverished by confiscating his property related to the mentioned cases. Total so far, Gayus was sentenced to 28 years in prison with details of 10 years in prison from the panel of judges of the Jakarta High Court, 12 years from the appeal level in the Supreme Court, and 6 years from the verdict handed down by the South Jakarta District Court which is separate from the case

 Got RemissionThe existence of remission or reduction of punishment makes the penalty period for the corruptor becomes reduced and lighter to live. But unlike the other criminal actors, the granting of special remission of corruption inmates always raises the pros and cons of some circles.Those in favor stated that all inmates including corruptors are entitled to remission. While the party who refused to declare that the corrupt need not get a remission because his actions have made people miserable.Differences PP28 / 2006 and PP 99/2012There are two rules applicable in remission for corruption cases, namely PP 28 th 2006 and PP99 th 2012, where the provisions in PP 99 Year 2012 more stringent than PP 28 of 2006. If in PP 28 of 2006, the requirement to get a remission is fairly easy Is well behaved and has undergone one-third (one third) of the criminal offense.Especially for the rules of remission and parole for corruptors, there are currently at least 2 (two) regulations regulating it. First, the Government Regulation of the Republic of Indonesia (PP) Number 28 of 2006 on Amendment to Government Regulation Number 32 of 1999 on Terms and Procedures for the Implementation of Rights of Constructed Guards of Corrections.Second, the Government Regulation of the Republic of Indonesia Number 99 of 2012 on the Second Amendment to Government Regulation Number 32 Year 1999 Concerning Terms and Procedures for the Implementation of Right of Residents of Correctional Prison.Why can there be a remission regulation for criminal acts of corruptors there are two, this is due to the Circular Letter of Menkumham issued on July 12, 2013. In the Circular Letter mentioned, PP 99 of 2012 applied to convicted corruption, narcotics, transnational crime, terrorism, and crime Human rights whose criminal verdict has a permanent legal power after the date of approval of PP 99/2012, which is November 12, 2012. While the convicted person who was sentenced before 12 November 2012 then the applicable provisions in PP 28 of 2006.While PP 99 of 2012 more tighten the remission that is in addition to good behavior and has undergone 1/3 (one third) criminal period, the convict must meet the requirements, among others, willing to cooperate with law enforcers to help dismantle his criminal justice case done (justice collaborator) ; And has paid the fine and replacement money in accordance with the court's decision.

Remission Gayus 

After serving several years of his sentence, on the day of Indonesian Independence 72 Gayus got remission with other prisoners. The Minister of Law and Human Rights, Yasonna Laoly, explained the granting of remission to convicted Gayus Tambunan corruption case because Gayus as the perpetrator is considered willing to cooperate or Justice Collaborator."He's JC (Justice Collaborator), he's already at JC," said Yasonna at the Parliament Building, Senayan, Jakarta, Friday (18/08/2017).Yasonna explained that the remission of Gayus is based on Government Regulation Number 32 Year 1999. The PP is about the terms and procedures for the implementation of the prisoners."Oh he does not enter PP 99 (PP 99/20212), means PP under it," said Yasonna.

Related to disciplinary violations ever committed by Gaius, such as escaped from prison to watch tennis sports match. It is not a problem, because it has been punished and more than a year."He has been sentenced, he has been through his F-register (book of disciplinary offense discipline) 1 year," he said.

Earlier in January 2017, the Supreme Court (MA) circumcised Gayus Tambunan, from 31 years to 29 years in prison. The Supreme Court assessed that the verdict handed down to the former Directorate General of Taxes exceeds the existing rules.

This is as stated in the verdict of Judicial Review (PK) Number 66 PK / Pid.Sus / 2016 which was launched by the Supreme Court (MA) website, Tuesday (17/1/2017). Total crimes committed by Gayus are four cases, three of which are from corrupt crimes charged separately.The following is the total punishment Tambunan from various cases: 1. Passport forgery cases sentenced to 3 years in prison. 

 2. The tax evasion case I was sentenced to 12 years in prison. 
 3. Cases of tax evasion II sentenced to 8 years in prison. 4. Money laundering case sentenced to 6 years in prison.Gayus Tambunan got a 6-month remission on the celebration of Indonesia's 72nd independence day yesterday together with other prisoners.

The question is why the reduction of punishment or remission is done by the government, is not it that decides the number of punishments is the authority of the court or judiciary thereby the reduction of punishment is also the authority of the court. The government's task in the penal context is coaching, not focusing on reducing the number of punishments.Source: detiknews.com

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