http://www.thejakartapost.com/news/2014/01/16/prison-terms-sought-councilors-businessman.html
Nethy Dharma Somba, The Jakarta Post, Jayapura | Archipelago | Thu, January 16 2014, 8:17 AM
Prosecutors at the Jayapura Corruption Court, Papua, sought on Wednesday 18-month prison sentences and fines of Rp 50 million (US$4,217) against West Papua Provincial Legislative Council (DPRD) Speaker Yosef Yohan Auri, deputy speakers Roberth Melianus Nauw and Demianus Jimmy Idjie, and PT Papua Doberai Mandiri (Padoma) director Mamad Suhadi.
Public prosecutors Frengky Son, Rina Hutagalung and Yos Salvador Reis said the four defendants had violated Law No. 20/2001 on corruption and several articles of the Criminal Code (KUHP).
Prosecutors sought a higher sentence of two years in prison and a fine of Rp 500 million — or another six months in jail — against West Papua provincial secretary Marthen Luther Rumadas.
In addition to these five defendants, 41 other West Papua DPRD councilors are also standing trial at the Jayapura Corruption Court.
The trials are being presided over by judge Khairul Fuad. The five defendants were charged for their alleged involvement in borrowing in 2010 Rp 22 billion from PT Padoma, which was part of a deposit from the Papua provincial administration and initial capital of the provincial enterprise to 44 West Papua legislative councilors to pay for personal expenses, such as vehicles and housing.
The 44 legislators received various loan amounts: The speaker received Rp 1.7 billion, deputy speakers Rp 600 million each, 10 faction heads Rp 510 million each and 31 councilors Rp 450 million each.
The funds, in the form of loans that were due to be repaid in 2011, have been returned by all the West Papua councilors to PT Padoma.
According to prosecutor Rina Hutagalung who read out the indictment, the act of corruption still applied even though the defendants had returned the funds.
PT Padoma was established on May 18, 2009, and strengthened by West Papua Provincial Bylaw No. 12/2007, with basic capital of Rp 100 billion from the West Papua provincial budget.
The firm was set up to control and manage natural resources, trade, development, industry, mining and services, to provide a source of regional initiated income (PAD) to improve people’s welfare.
Separately, Rahman Ramli, a lawyer for the five defendants, said the sentence requests were unfair, adding that his clients should be acquitted as the case was not a criminal case but a civil one, concerning lending and borrowing.
“Based on expert opinion, the case is purely civil, not criminal; so my clients must be acquitted,” Rahman said.