KPK Responds to Noel Ebenezer’s Criticism of Prosecutor’s Sentencing Demands

Immanuel Ebenezer Gerungan, widely known as Noel and a former Deputy Minister of Manpower, has been formally indicted with a 5-year prison sentence. Prosecutors from the Corruption Eradication Commission (KPK) assert that Noel was demonstrably involved in an alleged corruption scheme, encompassing extortion and gratification related to the issuance of Work Safety and Health (K3) certificates within the Ministry of Manpower (Kemnaker).

Noel’s sentencing demand hearing was held concurrently with ten other defendants embroiled in the same complex case. The demands sought by the prosecutors varied significantly for each accused, ranging from a minimum of 3 years to a maximum of 7 years in prison, underscoring the differing degrees of alleged involvement.

The stark discrepancies in these demands prompted Noel to vocalize his strong protest. He drew a direct comparison between his own 5-year demand and the 6-year sentence sought for Irvian Bobby Mahendro, pejoratively dubbed the ‘Sultan of Kemnaker,’ who is implicated in an alleged corruption sum of Rp 75 billion.

“The one who embezzled Rp 75 billion only received a 6-year demand. I, who am implicated in Rp 3 billion, face a 5-year demand. If that’s the case, do I regret it? Of course, I regret it. It would have been better to steal as much as possible for just a one-year difference from a lesser amount,” Noel stated emphatically after his trial session at the Jakarta Corruption Crime Court (Tipikor) on Monday, May 18.

Furthermore, Noel highlighted the demand against Hery Sutanto, the former Director of Institutional Development at Kemnaker and also a defendant in the same high-profile corruption case. Hery Sutanto was indicted with a substantial 7-year prison sentence, further fueling Noel’s indignation.

“That’s truly pitiful for Mr. Hery. He only allegedly received Rp 4 billion, yet his sentence is the highest at 7 years. This is insane; I question the logic of this legal system. I truly don’t comprehend their reasoning,” Noel expressed, struggling to reconcile the perceived disparities.

Noel confirmed that his profound astonishment and objections to the prosecutorial demands would form a crucial part of his defense plea, which he plans to present at the subsequent court hearing. He remains hopeful that his arguments will influence the presiding judge’s final decision.

“Yes, we will certainly mount a robust defense. I hope my upcoming plea can serve as a significant consideration for the Judge. Additionally, I maintain my respect for the Public Prosecutors who have performed their duties to the best of their ability. Regardless, I must acknowledge the Public Prosecutor’s efforts, but it is truly regrettable that there is only a one-year difference in demands for vastly different amounts,” Noel elaborated, emphasizing his respect for the process while still challenging its outcomes.

The full list of prosecutorial demands for the defendants in this extensive corruption case is as follows:

1. Noel Ebenezer (former Deputy Minister of Manpower): 5 years in prison, a fine of Rp 250 million (with 90 days imprisonment in lieu if unpaid), and a remaining restitution payment of Rp 1,435,000,000 (with 2 years imprisonment in lieu).
2. Irvian Bobby Mahendro (former Coordinator for K3 Institutional and Personnel Affairs): 6 years in prison, a fine of Rp 250 million (with 90 days imprisonment in lieu), and restitution of Rp 60.3 billion (with 2 years imprisonment in lieu).
3. Hery Sutanto (Director of Institutional Development 2021-2025): 7 years in prison, a fine of Rp 250 million (with 90 days imprisonment in lieu), and restitution of Rp 4.7 billion (with 2 years imprisonment in lieu).
4. Subhan (Sub-coordinator for Work Safety, Directorate of K3 Development 2020-2025): 5.5 years in prison, a fine of Rp 250 million (with 90 days imprisonment in lieu), and restitution of Rp 5.8 billion (with 2 years imprisonment in lieu).
5. Gerry Aditya Herwanto Putra (former Coordinator for K3 Testing and Evaluation): 5.5 years in prison, a fine of Rp 250 million (with 90 days imprisonment in lieu), and restitution of Rp 13.2 billion (with 2 years imprisonment in lieu).
6. Sekarsari Kartika Putri (former Sub-coordinator for K3 Institutional Development): 5.5 years in prison, a fine of Rp 250 million (with 90 days imprisonment in lieu), and restitution of Rp 42.6 billion (with 2 years imprisonment in lieu).
7. Anitasari Kusumawati (former Sub-coordinator for Partnership and Occupational Health Personnel): 5.5 years in prison, a fine of Rp 250 million (with 90 days imprisonment in lieu), and restitution of Rp 14.4 billion (with 2 years imprisonment in lieu).
8. Supriadi (former Junior Expert Manpower Supervisor): 5.5 years in prison, a fine of Rp 250 million (with 90 days imprisonment in lieu), and restitution of Rp 19.8 billion (with 2 years imprisonment in lieu).
9. Fahrurozi (former Director General of Manpower Supervision and K3): 4.5 years in prison, a fine of Rp 250 million (with 90 days imprisonment in lieu), and restitution of Rp 233 million (with 2 years imprisonment in lieu).
10. Temurila (Private sector, PT KEM Indonesia): 3 years in prison and a fine of Rp 250 million (with 90 days imprisonment in lieu).
11. Miki Mahfud (Private sector, PT KEM Indonesia): 3 years in prison and a fine of Rp 250 million (with 90 days imprisonment in lieu).

KPK’s Official Explanation on Sentencing Demands

In response to public and defendant concerns, the KPK has offered an official explanation regarding the varying prosecutorial demands leveled against the 11 defendants in the alleged K3 certificate corruption, extortion, and gratification case at the Ministry of Manpower. This explanation aims to clarify the rationale behind the seemingly disparate sentences.

Fitroh Rohcahyanto, Deputy Chairman of the KPK, clarified that the demands put forth by the public prosecutors are not solely determined by the magnitude of the money received by the accused. Instead, these demands strictly adhere to a comprehensive set of internal guidelines for criminal sentencing established by the anti-corruption agency itself.

“The KPK operates with established guidelines for criminal demands. Therefore, what our public prosecutors present is already based on these meticulously developed guidelines,” Fitroh stated during a press briefing at the KPK Detention Center in Cawang, East Jakarta, on Tuesday, May 19.

Fitroh further elaborated that in determining these crucial demands, prosecutors meticulously consider a range of critical parameters. These include the specific articles of law invoked, the total financial benefit obtained by each defendant, and all pertinent facts that have emerged throughout the intricate trial proceedings, ensuring a holistic assessment.

“There are clearly defined benchmarks for what constitutes aggravating circumstances and what qualifies as mitigating factors. The relevant legal articles, the extent of illicit gains, and the entire trial process are all meticulously taken into account,” he affirmed, highlighting the structured approach to sentencing.

Fitroh staunchly reiterated that every demand submitted by the prosecutors is legally justifiable and can be fully accounted for. He emphasized that these decisions are meticulously constructed based on measurable and transparent parameters, upholding the integrity of the judicial process.

“Indeed, there are comprehensive guidelines and parameters for every aspect of these demands. Consequently, every single one of them can be legally substantiated and accounted for,” he concluded, asserting the robust foundation of the KPK’s prosecutorial strategy in combating corruption in Indonesia.