Drs. HM. Acang, M.Ag is Head of Regional House of Representative of Pandeglang Regency who had charged conducting corruption (bribe) as arranged on article 2 in reference to article 5 in reference to article 13 Law No. 31 Year 1999. At the end of year or 2005, Government of Pandeglang Regency proposed regional loan amounting to Rp. 200.000.000.000,- (two hundred billion rupiah) through Bank JABAR. Therefore in accordance to Government Regulation No. 54 Year 2005 concerning Regional Loan, it is a must for Government of Pandeglang Regency to acquire prior approval from Regional House of Representative of Pandeglang Regency, as one of requirements for regional loan to be approved by the banking party. On August 22, 2006 Regional House of Representative of Pandeglang Regency issued Letter of Approval of the Regional House of Representative regarding regional loan without process of plenary session of the Regional House of Representative. And it had been reported to Governor of Banten Province and acquired consideration from Ministry of Home Affairs. In relation to the issuance of Letter of Approval, On December 4, 2006, Head of Regional Management Agency for Finance (BPKD) of Pandeglang regency (Abd. Munaf) has submitted/given money amounting to Rp. 1.500.000.000,- (one billion and five hundred million rupiah) to Wadudi Nurhasan (Vice Head of Regional House of Representative of Pandeglang Regency) which then distributed to several member of the Regional House of Representative at Imperial Hotel of Karawaci. The distribution is deemed by public prosecutor as compensation/bribe upon the issuance of Letter of Approval of the Regional House of Representative for regional loan, therefore the action in public prosecutor opinion is deemed has violated: • Article 12 Indonesia Government Regulation No. 54 Year 2005 letter d • Article 92 paragraph (1) and paragraph (2) Decree of Regional House of Representative of Pandeglang Regency No. 06 Year 2004 In its prosecution, public prosecutor consider that Drs. HM. Acang, M.Ag as the accused is proved had conducted criminal act of corruption as arranged and convicted in the first primary accusation article 2 paragraph (1) in reference to article 18 Law No. 31 year 1999 concerning Eradication on Criminal Act Of Corruption in reference to Law No. 20 Year 2001 concerning Amendment on Law No. 31 year 1999 concerning Eradication on Criminal Act Of Corruption and being prosecuted by imprisonment punishment for 6 (six) year subtracted during the accused in the detainment and added with a fine amounting to Rp. 200.000.000,- (two hundred million rupiah). Subsidiary 6 (six) month confinement, and with order that the accused still to be detained. Novian & Partners as the accused (Drs. HM. Acang, M.Ag.) legal consultant has submit pleading with argumentation among others, as follows: • Whereas the issuance of Letter of Approval by Regional House of Representative of Pandeglang Regency No. 172.4/02/12-DP/2006 is in accordance with the prevailing law and based on facts revealed on the court which the accused action is not fulfilling element of law violation, due to the non-existence of willing of the accused to acquire a benefit either to the accused interest or to the other party interest. • Whereas the accused action in issuing Letter of Approval No. 172.4/02/12-DP/2006 is not conducted based on concurrent willing or consensus, either with Wadudi Nurhasan (Vice Head of Regional House of Representative of Pandeglang Regency) or with Abd. Munaf (Head of Regional Management Agency for Finance (BPKD) of Pandeglang Regency) to give a sum of money to several member or the Regional House of Representative, yet it is fully an initiative from Wadudi Nurhasan and Abd. Munaf. • Whereas the accused Drs. HM. Acang, M.Ag., is not a cent proved enjoying and/or acquiring part of money amounting to Rp. 1.500.000.000,- (one billion and five hundred million rupiah) which received by Wadudi Nurhasan. Having listened and considered public prosecutor prosecution and pleading of the accused (Drs. HM. Acang, M.Ag) legal consultant, Pandeglang District Court by the Decision No. 301/Pid/B/2008/PN.Pdg dated May 7 2009 has decided a decision as follows: 1. Stating Drs. HM. Acang, M.Ag, is not proved legally and convincing guilty conducting criminal action as accused at the first primary accusation, the first subsidiary accusation and the second primary accusation, the second primary accusation; 2. Discharging Drs. HM. Acang, M.Ag from all of public prosecutor accusation.
