Duet Pengacara Dalam Pembelaan, Yusuf Hasyim Yakin Sebagai Korban, Hakim Titipan Allah Untuk Keadilan

Duet Pengacara Dalam Pembelaan, Yusuf Hasyim Yakin Sebagai Korban, Hakim Titipan Allah Untuk Keadilan

 

Pekanbaru-Media (Team)

 

Tim Kuasa Hukum M.Yusuf Hasyim yang selama ini menghebohkan, dan hampir di dominasi pemberitaan terkait kasus penipuan yang berkedok investasi ubi racun sebagai bahan baku tepung Tapioka dan baku lainnya. Baik media cetak, online, elektronik selalu gempur tayang di sejumlah lini pewarta nasional maupun lokal.

 

Namun saat ini justru bertolak belakang atas pemberitaan tersebut dengan kronologi, pembuktian, dan fakta yang terungkap di Pengadilan Negeri Pekanbaru. Awalnya M.Yusuf yang di jadikan tersangka mulai lega dan berharap segera menghirup udara segar, dan kembali melanjutkan usahanya setelah lulus dari ujian yang diduganya direkayasa dan dikriminalisasi untuk kepentingan oknum, kelompok juga pribadi.

 

Tim investigasi lembaga kontrol, pendamping independent terus menelusuri kasus ini, termasuk mengumpulkan seluruh versi dari berbagai pihak.Terutama pihak kedua pihak. Dari pihak yang mengaku dikorbankan dalam kasus ini M.Yusuf melalui Penasehat Hukumnya lagi2 menjelaskan bahwa investasi singkong yang kami yakini mengorbankan saudara M. Yusuf hasyim sangat jelas tidak seperti yang dituduhkan. “Terang Aidil, SH.

 

Dari pembuktian yang tidak jelas pelanggaran pidana menurut dugaan kami seperti yang mengorbankan klien kami, terlebih fakta di persidangan sangat jelas tuntutan dan disangkakan pasal yang kami duga kuat dibuat suka suka alias bukan mengacu tegaknya keadilan, akan tetapi mengacu keinginan, hasrat dan kepentingan para pihak yang menunggangi perkara ini, “tuturnya”

 

Lebih jauh Aidil menjelaskan bahwa pada tanggal 31 maret 2021, sidang beragendakan pembelaan bdari penasehat hukum Yusif Hasyim, tim kuasa membacakan pembelaannya setelah majelis hakim meminta kuasa hukum membacakan inti inti pembelaan dan amar pembelaannya.

 

Inti daripada pembelaan kliennya minta terdakwa dibebaskan karena menurut kuasa hukum perkara tersebut ranah perdata wanprestasi, bukan ranah pidana, hal ini sudah terbukti dimana saudara Jaksa Penuntut Umum;(JPU) tidak mampu menerangkan hal yang sebenarnya dipersidangan, hal ini dapat dibuktikan dari saksi2 dipersidangan, diman saksi pelapor mengatakan dipersidangan penanaman sudah 22 Ha, sementra saksi Ivan kasogi menerangkan 45Ha, dan dari saksi Safii menerangkan, 58Ha. Sementara keterangan dari saksi Lutfil azis, Nanda , Symsul bahri, Elfihardi, Abdul azis, team 15, Pak Sugiarto selaku pekerja dilapangan dan bahkan Diirektur PT. Arara Abadi telah menerangkan lahan yang sudah tertanam singkong sudah 110Ha.”jelasnya”

 

Kemudian terkait adanya permintaan saudara M.Nafis terkait kerjasama penanaman modal dari saudari Oktavia Simamora sangat jelas dan terbukti bahwa saudara pelapor M.Danial Nafis telah menerima dan meminta uang 530 juta kepada M.Yusuf dengan ancaman akan membatalkan kesepakatan apabila saudara Yusuf Hasim tidak memenuhi uang yang dimintai tersebut. Kemudian pada tgal 23 februari saudara Nafis meminta saudara Yusuf Hasyim untuk menandatangi surat pernyataan yang sudah disiapkan oleh saudara Nafis terlebih dahulu, dan diduga berkas tersebut menjadi perangkap korban Yusuf, dimana saudara Nafis telah mengetahui sendiri berapa luas lahan yg sudah ditanam yaitu seluas 100 Ha, dan Nafis minta dikembalikan dana atas tidak selesainyaa 86Ha, senilai 1,9 milyar kepada Oktaviani simamora.

 

Dan atas permintaan Nafis tersebut Yusuf Hasyim sudh mengembalikan sebagian dana yg diminta oleh saudara Nafis yaitu sebesar 500 juta dengan 3 kali pengiriman kepada Oktaviani Simamora selaku pemilik modal.Hanya saja Oktaviani Simamora yang seharusnya korban, serta pihak yang sangat berhak menuntut Yusuf bilamana merasa dirugikan dan tertipu justru tidak terlihat dalam fakta persidangan perkara yang mengakibatkan klien kami mendekam secara tidak lazim, “kesalnya”.

 

Sehingga dari fakta hukum tersebut sodara Nafis beserta staf nya diduga telah memberikan keterangan palsu dipersidangan, Kami kuasa hukum terdakwa juga sudah melaporkan di Polda Riau, dan saat ini masih dalam proses penyelidikan dipolda riau.

 

Ditempat terpisah kuasa hukum dengan mewakili kliennya Irawan Santoso, SH, menangkis hal tersebut, menurutnya bahwa Jaksa Penuntut Umum (JPU) mendakwa Terdakwa Muhammad Yusuf Hasyim dengan tuntutan maksimal 4 tahun penjara, atas pelanggaran pidana Penipuan dan Penggelapan, di persidangan PN Pekanbaru, Selasa lalu sudah tepat.”tuturnya”

 

Tuntutan maksimal tersebut merupakan fakta persidangan, bahwa Terdakwa Muhammad Yusuf Hasyim terbukti melakukan penipuan dan penggelapan, yang menjadi korbannya adalah Muhammad Danial Nafis, selaku investor yang diiming-imingi bisnis singkong racun. Dimana M Danial Nafis dan rekannya selaku investor, telah menyetorkan uang sebesar Rp. 4,1 Milyar ke rekening PT STM, dan dijanjikan keuntungan senilai Rp. 10 Milyar lebih dari investasi singkong racun tersebut.

 

Tapi setelah bulan berjalan, singkong racun tidak kunjung dikerjakan, bahkan perilaku terdakwa dengan terus menggaet investor lainnya. Hal ini terbukti dari keterangan beberapa saksi di persidangan dan fakta-fakta hukum lainnya. Atas hal itu, yang diperjanjikan M Yusuf Hasyim dan PT Sumatera Tani Mandiri sama sekali tidak terbukti melanggar Pasal Penipuan dan Penggelapan yang melanggar Pasal 378 dan 372 KUHP.”tambahnya”

 

Yusuf Hasyim mematok biaya sewa lahan, yang mana lahan tersebut bukan milik Yusuf Hasyim maupun PT STM. Melainkan lahan tersebut aslinya adalah berupa lahan HPHTI (Hak Pengelolaan Hutan Tanaman Industri) yang ijin konsesinya dimiliki PT Arara Abadi. PT Arara Abadi yang kemudian menjalin kerjasama dengan Masyarakat Desa Kesuma (Tim 15) “tambahnya”

 

Terdakwa Yusuf Hasyim mengakui bahwa uang yang ditransfer dari rekan bisnis Danial Nafis selaku investor, senilai Rp. 4,1 Milyar, dia pergunakan untuk kepentingannya sendiri. Hal ini membuktikan kebenaran bahwa Yusuf Hasyim dan PT STM terbukti melakukan pelanggaran tindak pidana penipuan dan penggelapan dengan dalih investasi singkong racun, yang menjanjikan keuntungan sebanyak sekitar Rp 10 Milyar rupiah. Kuasa Hukum Yusuf, Aidil Fitsen, sempat menawarkan perdamaian kepada pihak Muhammad Danial Nafis, dengan meminta jumlah penyelesaian yang harus dibayarkan agar Yusuf bisa dibebaskan dari tahanan. Tapi ketika disodori bahwa Yusuf Hasyim harus membayarkan seperti yang diperjanjikan sebagaimana disebut dalam Kontrak, beliau tidak memberikan jawaban. Saat ditanya tentang Oktavia Simamora, serta kapasitas dan peran M.Danial Nafis, kuasa hukum mengatakan tidak benar bahwa Oktaviani sangat berkuasa penting dalam hal ini.”tuturnya”.

 

Pihak investor itu ada dua: M Danial Nafis dan Oktaviani. Dan Oktaviani telah memberikan kuasa penuh kepada M Danial Nafis untuk segala urusan terkait investasi ini. Terkait soal kesaksian, beliau telah memberikan kesaksian dalam tahap penyidikan dan telah disumpah, yang hal ini sangat dibenarkan menurut KUHAP. Tentang upaya PH Yusuf Hasyim, itu sah-sah saja demi mencari justifikasi pembelaan kepada kliennya, “tutupnya”

 

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