Hery Susanto's Legal Team: No Money Seized, Rp4.85 Billion Indictment Questioned
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- Kuasa hukum eks Ketua Ombudsman RI menegaskan tidak ada barang bukti fisik berupa uang atau hadiah yang disita dari kliennya, meski dakwaan menyebut penerimaan miliaran rupiah.
- Sejumlah saksi, termasuk Agung Winarno, disebut membantah aliran dana ke Hery Susanto, memunculkan pertanyaan tentang kekuatan konstruksi dakwaan di persidangan.
- Jaksa menuntut 5 tahun 6 bulan penjara dan denda Rp300 juta; majelis hakim kini dihadapkan pada uji kredibilitas alat bukti dan keterangan saksi.
The legal advisory team of Hery Susanto, former Chairman of Ombudsman RI, is questioning the absence of physical evidence in the form of money or gifts seized from their client in the alleged bribery case involving nickel mining governance in Southeast Sulawesi. This is despite the prosecutors' indictment accusing Hery of receiving gifts or promises totaling around Rp4.85 billion.
In a statement to journalists on Thursday (24/9), the head of Hery's legal team, Alex Candra, stated that to date there is not a single piece of evidence showing that money or gifts reached his client's hands. "As far as we know and based on what has been revealed in court, there is no evidence in the form of money or gifts seized from Mr. Hery Susanto," he said. This statement serves as the basis for the legal team to question the validity of the indictment read by the Public Prosecutor (JPU).
The indictment states that Hery received funds from several companies, including PT Tosida Indonesia, PT Dinamika Sejahtera Mandiri, and PT Mitra Kumala Energi, as well as a house from Agung Winarno. However, Alex claims that witnesses in court actually refuted this construction. Agung Winarno, for instance, is said to have firmly denied giving money to Hery, whether amounting to Rp1 billion through Edi Sugandi or Rp525 million. A similar denial was also made regarding the alleged giving of Rp200 million in 2022.
Beyond the evidence issue, the legal team highlighted the personal relationship between Hery and the parties mentioned in the indictment. Alex emphasized that his client does not know the owner of PT Dinamika Sejahtera Mandiri nor the Director of PT Tosida Indonesia, Laode Sinarwan Oda. "He has never even met or communicated with them," he asserted. He also highlighted the testimony regarding money flowing to Lukman Malanuang, who in court was referred to as consultant services. According to Alex, the construction of the indictment still needs further testing because one cannot simply take one part and consider it proven.
"We respect the authority of the panel of judges to assess all evidence. Our position is to present the facts of the trial that we consider relevant so that the public receives balanced information," said Alex Candra.
This case is a test for law enforcement in the natural resources sector, particularly nickel governance, which has long been an investment darling. Ombudsman RI, the institution that should oversee maladministration, is instead facing criminal accusations in the arrangement of the LHP. If the indictment is not supported by strong physical evidence, the public risks losing trust in the legal process. Conversely, if other evidence is deemed sufficient, the judge's ruling will become a precedent on how far gratification can be proven without seized cash.
On the other hand, the prosecutors believe Hery is proven to have been involved in bribery and gratification. The criminal demand of 5 years 6 months and a fine of Rp300 million has been read out at the Corruption Court at the Central Jakarta District Court. Now the ball is in the hands of the panel of judges to weigh the credibility of witness testimony, including Agung Winarno's denial, and to test whether the construction of the indictment can present convincing evidence. The public awaits whether the next hearing will bring new evidence or instead strengthen the legal team's argument that the indictment was built without physical evidence.
