Appreciation for Court’s Firmness: Corrupt Prosecutor Receives Heavier Sentence Than Prosecutor’s Demand
By: Budi Rian Sitorus
The firm stance of the Corruption Crimes Court (Tipikor) in sentencing former West Jakarta District Prosecutor Azam Akhmad Akhsya stands as concrete evidence that law enforcement in Indonesia offers no safe haven for corruption—even when committed by members of the legal apparatus itself. Azam was sentenced to seven years in prison and fined IDR 250 million, with an additional three months in prison if the fine is not paid.
Presiding Judge Sunoto, in reading the verdict, stressed that the defendant was legally and convincingly proven guilty of abusing his authority as a law enforcement officer. The verdict was based on Article 12 letter e of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, which regulates abuse of office for personal or others’ unlawful gain.
The judge assessed that Azam’s actions not only violated legal norms but also betrayed his oath as a prosecutor. In its considerations, the panel stated that the defendant’s conduct contradicted the spirit of bureaucratic reform and the government’s efforts to establish clean governance free from corruption, collusion, and nepotism.
Furthermore, Azam’s actions were seen as damaging public trust in the Attorney General’s Office, which should serve as a symbol of integrity and justice. This case was deemed to have the potential to set a negative precedent, as it was committed by a law enforcement official entrusted with both moral and professional responsibilities.
The sentence imposed on Azam exceeded the four-year prison term initially sought by the Public Prosecutor. The panel opted for a heavier sentence after considering the serious impact of the defendant’s actions on both victims and the legal institution as a whole.
In this case, Azam was charged with embezzling IDR 11.7 billion in evidence funds from the fraudulent Robot Trading Fahrenheit investment case in 2023. He allegedly manipulated the fund return process to victims, in collaboration with three lawyers: Bonifasius Gunung, Oktavianus Setiawan, and Brian Erik First Anggitya.
According to the indictment, Azam and his accomplices devised a manipulative scheme that falsely appeared to return IDR 17.8 billion to a group of victims who, in reality, never received the funds. From this scheme, Azam reportedly received IDR 3 billion from Bonifasius’ group, IDR 8.5 billion from Oktavianus’ group, and IDR 200 million from Brian Erik. These stolen funds were then used for personal expenses such as property purchases, insurance payments, deposits, and financing an umrah pilgrimage.
Central Jakarta District Court spokesperson, Andi Saputra, confirmed that the sentence imposed on Azam was heavier than the prosecution’s original demand. He explained that the panel of judges viewed the defendant’s actions as exceeding ordinary gratification, involving systematic and organized coercion.
Andi further revealed that the verdict uncovered the administrative manipulation Azam conducted over 16 months. During that period, Azam created 137 fictitious groups to split the IDR 53.7 billion in return funds, which should have been distributed to 912 victims from the SIF Association. As a result of his actions, the victims suffered losses totaling IDR 17.8 billion.
The judges also highlighted the defendant’s efforts to conceal the flow of corrupt funds through various methods, including creating duplicate documents and using third-party bank accounts. This practice was seen as strong evidence that the defendant’s actions were part of systematic and premeditated corruption.
In addition to imposing a prison sentence, the panel also ordered the restitution of certain assets to the state and victims. This includes cash and insurance policies totaling IDR 8.7 billion, as well as properties registered under Azam’s wife’s name, which will be auctioned to compensate for state losses.
In the same trial, two other defendants—lawyers Oktavianus Setiawan and Bonifasius Gunung—were sentenced to 4 years and 6 months, and 4 years in prison respectively. Both were fined IDR 250 million each, with a subsidiary sentence of three months in prison. These sentences demonstrate that external parties involved in legal malpractice are also held accountable under the law.
In response to the verdict, neither Azam nor his legal counsel issued an official statement, choosing instead to deliberate over their next legal steps. “We are still considering, Your Honor,” said the defendant’s lawyer in court.
This verdict has drawn public attention as it involves a law enforcement official who should have been at the forefront of the fight against corruption. The sentencing of Azam is expected to serve as a clear example that no one is above the law, while simultaneously strengthening public trust in a fair and transparent judicial system.
As Andi Saputra stated, the sentence serves as a stern reminder that abused power will be met with commensurate consequences. He added that the integrity of law enforcement officials is the primary foundation for maintaining public trust in the judiciary.
With this ruling, the court has demonstrated its commitment to upholding the dignity of the law and ensuring that law enforcers who betray their positions are held fully accountable. This move also strengthens the foundation of corruption eradication efforts that strike at the root—without discrimination.
*) Legal Analyst and Criminologist
