Putusan Hakim Terhadap Perkara Nautika Dianggap Janggal, JPU Disarankan Kasasi

Pengadilan Negeri Ternate. (Aksal/NMG)

PENAMALUT.COM, TERNATE – Putusan Pengadilan Tindak Pidana Korupsi (Tipikor) pada Pengadilan Negeri Ternate yang memvonis bebas dua terdakwa atas perkara pengadaan Kapal Nautika dan Alat Simulator dinilai janggal.

Pasalnya, dua dari empat terdakwa yang divonis bebas itu merupakan orang yang dianggap mengetahui pasti proyek yang melekat pada Dinas Pendidikan dan Kebudayaan (Dikbud) Provinsi Maluku Utara tahun 2019 itu.

Imran Yakub, misalkan. Mantan Kepala Dikbud ini divonis bebas oleh hakim lantaran dinilai tidak terbukti secara sah dan meyakinkan terlibat dalam kasus ini. Padahal, Imran merupakan kuasa pengguna anggaran (KPA) pada saat pelaksanaan kegiatan itu.

Sementara Reza yang merupakan mantan Ketua Pokja I ULP Malut yang memenangkan perusahaan PT. Tamalanrea selaku rekanan pekerjaan kapal Nautika juga divonis bebas.

“Menurut kami sangat janggal, karena KPA itu bertindak sebagai quality control dan supervisi. Artinya bahwa seharusnya KPA melakukan tugas dan kewenangannya sesuai undang-undang. Oleh karena telah terjadi kerugian keuangan negara dalam kasus ini, maka patut diduga ada penyalahgunaan kewenangan di sana,” ujar Sekertaris DPD Kongres Advokat Indonesia (KAI) Malut, Roslan, kepada wartawan, Kamis (17/2) kemarin.

Menurut Roslan, putusan hakim atas kasus ini patut dipertanyakan juga. Sebab hanya PPK dan pihak rekanan yang terbukti melakukan tindak pidana korupsi dan dimintai pertanggung jawaban pidana. Padahal, sejak awal hasil pemeriksaan ke empat terdakwa ini terlibat dalam proyek tersebut.

Seharusnya, kata dia, semua pihak ini ikut bertanggung jawab. Apalagi dalam perkara ini selain mengunakan Pasal 2 dan 3 UU Tipikor, jaksa penuntut umum (JPU) juga menerapkan pasal 55 KUHP tentang penyertaan tindak pidana.

“Artinya bahwa dalam kasus ini ada yang bertindak sebagai mereka yang melakukan, menyuruh melakukan, turut serta melakukan atau dengan memberi kesempatan, sarana atau keterangan. Untuk itu, semua pihak dalam perkara ini seharusnya dimintai pertanggung jawaban pidana yang sama,” cetusnya.

Oleh karena itu, Roslan menyarankan kepada JPU atau pihak Kejaksaan yang menangani perkara ini harus mengajukan upaya hukum, dalam hal ini kasasi untuk menguji apakah putusan pengadilan yang membebaskan KPA dan Ketua Pokja ini sudah sesuai atau justru bertentangan dengan UU.

“Upaya hukum kasasi ini juga sebagai bentuk Kejati Malut menunjukkan komitmennya dalam semangat pemberantasan tindak pidana korupsi yang ada di Maluku Utara,” tandasnya.

Sekadar diketahui, dalam amar putusan yang dibacakan majelis hakim atas perkara tersebut menyatakan bahwa terdakwa Imran Yakub terbukti tidak bersalah.

Majelis hakim juga menolak dakwaan terhadap Imran Yakub dalam memperkaya diri sendiri sesuai dengan tuntutan dan dakwaan primer dari JPU, setelah melihat fakta hukum pada sidang-sidang sebelumnya.

Selain Imran Yakub, terdakwa Reza juga dibebaskan dari dakwaan JPU.

Sementara dua terdakwa lainnya, yakni Zainudin Hamisi selaku pejabat pembuat komitmen (PPK) proyek pengadaan Kapal Nautika divonis 8 tahun penjara dan denda 300 juta rupiah. Sedangkan Ibrahim Ruray selaku rekanan pekerjaan divonis 6 tahun penjara dan denda 300 juta. (gon/ask)

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