Proven to have Committed an Election Crime, Four People Were Sentenced to Prison
Submitted by Rama Agusta on Thu, 08/10/2020 - 17:05
The atmosphere of the trial held at the Yapen Islands District Court/Photo by Public Relations of Bawaslu Waropen District
Waropen, Election Supervisory Body - Based on the recommendation of the Bawaslu of Waropen Regency, Papua Province, the Yapen Island District Court decided that four people were jailed. The defendants were proven to have falsified the required documents for the support of an individual candidate and the Voting Committee (PPS) that did not verify the support of an individual candidate were convicted of committing an election crime.
The four defendants named Agus Dori, Dorkas Sawaki, Simon Hendrikus Rifunai, and Hermansah were decided by the court to violate the provisions of Article 185 a paragraph (1) and or Article 185 B of Law No.10 of 2016 concerning the Election of Governor / Deputy Governor, Regent and Deputy Regent as well as Mayor and Deputy Mayor Jo Article 55 Paragraph (1) to 1-e Criminal Code.
Where, Article 185a paragraph (1) reads, every person deliberately gives false information or uses a false identity to support individual candidate pairs to become candidates for governor and deputy governor, candidates for regent and deputy regent and candidates for mayor and candidate for deputy mayor. The city is sentenced to imprisonment for a minimum of 12 years and a maximum of 36 years and a fine of IDR 12 million and a maximum of IDR 36 million.
The chronology of the incident began when the Bawasalu of Waropen District received a report from MI Wednesday (21/8/2020) who felt that his identity was used by an unknown person, as a condition for supporting the improvement of an individual candidate by one of the individual candidates in Waropen Regency. This was known by the reporter after being informed by his relative that his name was in the B.1-KWK and B.1.1-KWK document data, the conditions for support for improvement of individual prospective candidates who had factual verification.
Realizing that his identity was misused by an individual in the winning team of one of the individual candidates, on Monday (24/8/2020) MI reported the incident to Bawaslu of Waropen Regency with the status of a reporter.
Then performed an examination of the completeness of the complaint report data. After being examined, the complaint report data could not be accepted due to insufficient evidence, so the Waropen Regency Bawaslu staff first coordinated with the head of the Waropen Regency Bawaslu for further instructions.
Based on instructions from the commissioner, the examining staff asked the passport to complete the lack of data in the report in question, in the form of identity and other supporting witness identities to be completed. The next day, Tuesday (25/8/2020), MI returned to Bawaslu Waropen to complete its shortcomings. The reporting party was also examined by the Bawaslu Waropen examination team.
From the results of the examination, the examining staff conveyed to the leadership of Bawaslu Waropen to hold a plenary meeting related to the report. After a plenary meeting it is stated that the report meets the requirements, so that it is accepted and registered with Report Number: 02/ LP/PB/Reg/Kab/33.20/VIII/2020.
The plenary meeting also concluded that it was suspected that an election crime (pilkada) had occurred in the form of submitting B.1-KWK support requirements to the KPU as the basis for the support conditions for individual candidates without the knowledge and consent of the Reporting Party to take data and a photocopy of their Identity included in document B. 1-KWK signed as a condition of support for a prospective individual candidate indicated that the reporter's signature was falsified or signed by a certain person.
"It is true that there has been falsification of identity as a condition of support for individual candidates by certain individuals," said Niko Imbiri, Coordinator of Bawaslu Abuse Handling Division of Waropen Regency.
He said that on that basis, his party together with elements of the police who are members of the Gakkumdu Center elements conducted a search of the B.1-KWK and B.1.1-KWK documents, the terms of support for Individual Candidate Improvements.
From that search, said Niko, it was concluded that the report Number: 02/PL/PB/Reg/Wrp/ 33.20/VIII/2020 dated 25 August 2020 was continued to the level of investigation to collect evidence so as to determine the potential suspect, namely the Hermansyah operator who allegedly committed the act of violating the law of Article 185A in Law Number 10 of 2016 concerning the Election of Governors, Regents and Mayors or commonly referred to as the Pilkada Law.
After an investigation was carried out by the police, it was finally proven that other perpetrators had participated, namely, Agus Dori, Dorkas Sawaski and Simon Hendrikus Rifuna.
"It's true that after investigating the case, the perpetrators became four people," explained Niko.
It should be noted, the case culminated in a court decision, in which the Panel of Judges, manned by Ronald Masang, S.H., M.H. (Chief Judge), Roni Bahasri, S.H. (Member Judge), and Sigit Hartono, S.H. (Hakim Member), decided.
The defendants Agus Dori & Dorkas Sawaki were imprisoned for 20 months and a fine of 36 million subs 1 month in prison. Meanwhile, the defendants Hermansah & Simon Hendrikus were sentenced to 36 months in prison and a fine of 36 million subs 1 month in prison.
The verdict differed from the prosecutor's claim that Agus Dori, the defendant, was sentenced to 36 months in prison and fined 36 million Rupiah 1 month imprisonment, Dorkas Swakasi, sentenced to 36 months in prison and fined 36 million Rupiah subsider 1 month imprisonment, Simon Hendrikus Rifunai 37 months and a fine of 36 million Rupiah sibsider 2 months imprisonment, and Hermansah with a sentence of 37 months imprisonment and a fine of 36 Million Rupiah subsider 2 months imprisonment.