Cassation of Supreme Court has been published: Sentenced to 6 Years
The district prosecutor is still indecision of executing ‘Ekka Pontoh’
PARIGI DISTRICT ATTORNEY Until now is still uncertain about going to execute Ekka Pontoh, The District Secretary of Parigi Moutong. Despite of command from Supreme Court of RI that the Cassation Attorney had been published, Ekka Pontoh (EP) was sentenced to six years jail and fine of Rp 200 million.
Uncertainity of executing EP, said Parmout District Attorney, Jurist P. Sitepu occurred because his team will still learn whether the execution is a command from Supreme Court or execution command of judicial review.
"We will continue to execute Ekka, however there are two different versions, so we will learn whether the execution is the order from Supreme Court or judicial review later," said Jurist. He said, regarding to when executions will be carried out, his team currently sends a letter to the High Court.
"Last month, I had sent a letter to the Prosecutor's Office for questioning when Ekka Pontoh will be be executed, the translation of the letter I cannot lay out to the media friends, because of the letter content is confidential," he explained. Jurist said, why is it yet to heed the orders of Supreme Court for the execution, because of conflicts between two legal facts with the same investigators, in this case pointed to Regional Police of Central Celebes.
He said, “Looking at the Ekka Pontoh first case handled by the Central Sulawesi Corruption Police, which is where the case is disbursing budgets through the signing a letter of instruction Thaw, however this time the investigators of Central Sulawesi Police are investigating the case of forgery, which is where the signature of Ekka Pontoh turns out to be falsified by Mohamad Agus, with the suspect Damran.
He added, although in terms of execution are the domain of his team, but in this case, pre-prosecution is the Central Sulawesi High Court. Because there is a conflict of two legal facts by the Regional Police, thus it can not necessarily do the execution, although the Supreme Court has ordered to execute.
"In the legal structure of the prosecutor's office, there is still higher level, namely High Court, so associated with pre-prosecution, they cannot take their own attitudes. Currently I am still waiting a reply letter on next High Court referral, "he said.
He emphasized, in such case like this, there is a proverb, “Better to let go 1,000 people convicted instead of detaining an innocent person”. Therefore, this is the real fact in the eyes of every investigators.
When being asked, whether in the case of Ekka Pontoh, the prosecution will conduct investigations into the case related to the development of flow of funds as stated in the reading of the indictment by Ekka Pontoh’s defense in court, Jurists said, his team had not yet viewed the demand of the indictment, because it is only viewed from some of the evidences: A refund Rp1 billion to the local treasury, and some evidence receipts.
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