"It depends on the law. I repeat, an amendment is required to eliminate this factor," MA spokesperson Yanto said at his office in Jakarta on Thursday in response to the polemic stemming from the controversial sentence awarded to tin graft convict Harvey Moeis.
He pointed out that Article 197, paragraph (1), point f of the KUHAP Law requires judges to read out both aggravating and mitigating factors before announcing a verdict.
However, judges may also consider special factors that could lessen a convict's sentence, he added.
The MA spokesperson explained that a convict in a traffic accident case that resulted in the victim becoming disabled may get a lighter sentence if they are willing to and capable of financing the victim's or their children's education up to university level.
On December 23, 2024, a panel of judges at the Corruption Court of Jakarta sentenced Moeis to 6.5 years in prison despite the prosecutors demanding a 12-year prison term.
Furthermore, the judges asked the convict to shell out a fine of Rp1 billion (US$61.8 thousand), or an additional six-month jail term, and a compensation fee worth Rp210 billion (nearly US$13 million), or two more years in prison.
The court considered several aggravating and mitigating factors before reaching the verdict. The aggravating factor was that Moeis committed a corruption offense at a time when the state was waging a war against graft.
"Meanwhile, the mitigating aspects include the convict's polite demeanor in the court, his family responsibilities, and his lack of prior convictions," Chief Judge Eko Aryanto said while reading out the verdict.
The penalties were described as unjust by members of the public, who stormed social media platforms to voice their disappointment with the verdict.
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Translator: Rio F, Tegar Nurfitra
Editor: Azis Kurmala
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