Position Case of Martias
Defendant/Convicted Identity:
Name: Martias a.k.a Pung Kian Hwa
Place/Date of birth:
Position: President Director of Surya Dumai Group
Charges:
Martias propose permit to utilize timber to East Kalimantan Regional Government to obtain business permit for palm oil business. After obtaining the permit, Martias only exploit timber logs without performing palm oil tree re-plantation.
Martias was charged with act of corruption and violated article 3 Law No. 31/1999 on Corruption Act.
JPU charges in Corruption Act Court: 9 years in prison, plus substitute money of Rp. 346,832 billion; with the provision that if the substitute money can not be paid in one month after final decision get firm legal status, the defendant will be sentenced for four years.
The dependant act against law along with Waskito Suryodibroto, Director General Production Forest, Ministry of Forestry; Uuh Aliyudin, Head of Regional Forestry and Estate Crop Office, East Kalimantan; and Robian, Head of Forestry Office, East Kalimantan Province; and Suwarna A.F, The [then] Governor of E. Kalimantan.
Verdict:
Judge of Corruption Act Court [Primary level, 3 May 2007]:
Sentenced to 18 months imprisonment and fined of Rp. 200 millions with substitution of 6 months imprisonment.
Defendant calls for an appeal
Judge from High Court of DKI Jakarta Pusat [Appeal Level, 26 June 2007] :
Imprisonment for 18 months in jail and fined Rp 4,6 billion.
Defendants call for Appeal to Supreme Court
Appeal Board of Supreme Court [Cassation Level, 11 December 2007]:
Ruled on favor of decision of PT DKI Jakarta and granted longer jail time: 18 months jail sentence and fined Rp 346,8 billion.
After accomplishing his jail sentence, Martias delivered substitute money of Rp 346,8 billion to KPK and KPK, on 18 March 2008, hand over the money to state treasury.
Source: Supreme Court Decision No. 380 K/Pid.Sus/2007
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