Indonesia : Ejamplar condemns a criminal prosecutor (http source://

scal is obliged to pay compensation of more than seven billion dollars to Kreatikto Boentoro, Jakarta citizens, President director of PT Makmur Jaya Alsintan. Lawyer charged to compensation because the court found the Corps Adhyaksa committed an illegal act.

The efforts made by the Ministry of appeals the panel of judges of the Supreme Court rejected , as set out in the Supreme Court núm.1885K/Pdt/2011 published in the official website of the Supreme Court.

Judges headed by Mohammad Saleh, assemblies appeal argued arguments Fiscal appeal can not be justified. In accordance with Article 270 the Criminal Procedure Code , enforcement of criminal proceedings that have been executed and binding by the prosecution. Article 1 article 6 the Code of Criminal Procedure says that the tax is authorized by law to act as fiscal and implement judicial decisions that have permanent legal force officer.

Armed with the rule of law, the prosecutor must carry out the execution, including absolution. De facto, until the demand Boentoro examined, the evidence seized had never returned. “So it caused injury to the plaintiff. Defendant therefore, Act II is an illegal act and the second defendant to pay damages “, told Council consideration.

Boentoro is not only suing the Attorney. Even Accused Bank Nagari (Regional Development Bank) Rama Painan; I codefendant Regency South Coast and Co II sued dozens of farmers received agricultural tools applicant. But the decision Judex facti (Superior Court), Attorney only obliged to pay compensation. While I and II co-defendant sentenced to “undergo this decision,” and “severally pay the filing fee” defendants.

Allegations of corruption
details of this case could not be separated from the investigation of corruption cases that make Painan State Attorney, the Southern District of Coast, West Sumatra. As CEO of PT Makmur Jaya Alsintan, Boentoro jointly accused of corruption by Judge Syahrial (Head of Unit Painan BPD) The Syamsudarma (Jefe of Agriculture Costa Sur).

But in court, did not prove corruption charges. Decision No. MA. 1927K/Pid/2006 resource tax statements can not be accepted. Result, Boentoro libre. Similarly, No destination Syahrial. The judge in the decision of the Supreme Court. 1957K/Pid/2006.

The problem, in the research process, prosecutors and seized 247 pieces of equipment and agricultural machinery (alsintan). Not only that, the land and building and seized three vehicles involved. Suspect in bank accounts were blocked. After climbing absolution, them for tax purposes Iban delivering alsintan Boentoro. Businessman Jakarta material and moral feeling aggrieved about Rp239 million, and so sued.

Painan the District Court, on February 2009, granted part of a demand Boentoro. The prosecutor has the obligation to pay compensation to RP12, 5 million. However, the High Court of West Sumatra compensation corrects figure Rp 7, 39 million.

Head of the Legal Information Center, Loyal Arimuladi Lucky said after checking ulangputusan MA, immediately addressed the State Attorney Painan, South Distrito Costero, West Sumatra. Unfortunately, Section Chief and Kajari Penkum Painan not respond well.

Thus, Lucky has not received information on whether the decision of the MA runs in relation to pay and return the tests or not, including appeals. “I can not comment, because it can not Kajari relevant information”, Online dijo have not a, Friday (27/9).

According to him, seizure of evidence is not arbitrary tax. Prosecutors should refer to standard operating procedures suduah. “We have standard operating procedures in conducting foreclosures”, ended.