Supreme Court legal and public relations bureau head Abdullah (right) gives a statement to the press on Tuesday (9/7/2019) in Jakarta after reading out the court’s decision to acquit Syafruddin Arsyad Temenggung of corruption. Temenggung, the former chairman of the Indonesian Bank Restructuring Agency (IBRA), had appealed to the court over his graft conviction and 15-year sentence in connection with the Bank Indonesia Liquidity Assistance (BLBI) case.
The KPK has stressed that it will be more careful in handling the case of the high profile Bank Indonesia Liquidity Support (BLBI) case. A number of legal actions will be taken to review the Supreme Court’s ruling to acquit Syafruddin, the main suspect in the case.
JAKARTA, KOMPAS — The ruling of the Supreme Court (MA) to accept the appeal filed by Syafruddin Arsyad Temenggung, the key suspect in the BLBI case, did not deter the Corruption Eradication Commission (KPK) from further investigating the high profile corruption case.
On Wednesday, KPK investigators examined a number of witnesses in the BLBI case related to the trial of former commissioner of the now defunct Bank Dagang Negara Indonesia (BDNI), Sjamsul Nursalim, and his wife, Itjih Nursalim, who are also the main suspects in the case.
KOMPAS/DANU KUSWORO
Police officers escort Sjamsul Nursalim, who has been named a suspect by the Corruption Eradication Commission (KPK) of alleged corruption in the Bank Indonesia Liquidity Assistance (BLBI) case.
Related to that, Vice President Jusuf Kalla on Wednesday reminded that the handling of the cases should be more focused. He said that the KPK had to work faster so that the case could be settled before it expired.
Vice President Kalla also said that the acquittal of Syafruddin should be a reminder for the KPK that the prosecution should be adequately supported by strong evidence.
In its appeal verdict, the MA ruled that Syafruddin, the former head of the defunct Indonesian Banking Restructuring Agency (IBRA), was proven to have committed as accused by the KPK, but it was not a crime, so he should be freed from all charges.
Previously, the Jakarta Corruption Court and the Jakarta High Court ruled that Syafruddin\'s initiative to issue a written statement that the BDNI had settled all its debts as a criminal act of corruption. As the head of the IBRA at that time, Syafruddin was considered to have eliminated Rp 4.8 trillion in accounts receivable, which should have been paid by Sjamsul for the payment of his debts in BLBI (Kompas, 5/1/2019).
In further handling the cases of Sjamsul and Itjih, on Wednesday the KPK summoned a number of witnesses including the former head of IBRA Glenn Yusuf, former State Enterprises (BUMN) Minister Laksamana Sukardi, the deputy of the BUMN Minister for Energy, Logistics, Regions and Tourism Business Sector, Edwin Hidayat Abdullah; and former deputy of IBRA head Farid Harianto. Of the four witnesses, Farid skipped the KPK’s summons.
KPK spokesman Febri Diansyah said the prosecution of the main suspects Sjamsul and Itjih would be continued and the questioning of the witnesses would be carried out as usual. "The examination of the witnesses will be continued in order to gather more evidences on alleged corruption conducted by SJN and ITN who were the suspects in this case, and as part of prudent and careful principles," Febri said.
KOMPAS/RADITYA HELABUMI
Syafruddin Arsyad Temenggung, the former chairman of the former Indonesian Bank Restructuring Agency (IBRA), gives a thumbs-up as he leaves the detention center of the Corruption Eradication Commission (KPK) on Monday evening (9/7/2019) in Jakarta. Temenggung, who was sentenced to 15 years in the Bank Indonesia Liquidity Assistance (BLBI) case, was acquitted on appeal to the Supreme Court.
When examining witness Glenn, said Febri, the investigators explored a series of processes starting from taking over the management of BDNI and Sjamsul\'s responsibilities in settling its debts. During the examination of Laksamana Sukardi, the investigator explored his knowledge in his position as part of the Financial Sector Policy Committee, related to the process to issuing the statement declaring that Sjamsul had paid his debts.
Meanwhile Sjamsul\'s lawyer, Maqdir Ismail, said that Sjamsul’s case could no longer be continued. According to him, if the case related to Syafruddin was not criminal, is should not be part of the criminal domain.
"In my opinion, legally, all the processes they are doing must be stopped. When one case is not categorized as a corruption case, then it is no longer the authority of the KPK," said Maqdir.
Nevertheless, banking law expert Pradjoto said that Syafruddin\'s acquittal verdict could not be used as the basis to stop the BLBI case investigation. However, he reminded that the KPK should be able to formulate criminal elements in detail in the BLBI case, one of which was allegedly involving Sjamsul and Itjih.
For that, said Pradjoto, the KPK can coordinate and communicate with experts who can provide advice and direction so that KPK investigators fully understand the technicality of the case. A comprehensive understanding of BLBI is needed so that there are no more loopholes that can be used by certain parties to dispute the KPK’s law enforcement.
Syafruddin\'s verdict reviewed
In connection with Syafruddin\'s acquittal verdict, the KPK was still awaiting a copy of the full verdict document from the Supreme Court. "When the document has been received, we will conduct a study. The available legal efforts will be maximized," Febri said.
ANTARA FOTO/RIVAN AWAL LINGGA
The former head of the Indonesian Banking Restructuring Agency (IBRA), Glenn Muhammad Surya Yusuf, leaves the Corruption Eradication Commission (KPK) headquarters in Jakarta on Wednesday (10/7/2019). The KPK questioned Glenn as a witness in its investigation into suspect Sjamsul Nursalim for alleged corruption in his the issuance of a clearance letter (SKL) to obligor Bank Dagang Nasional Indonesia (BDNI) on behalf of the Bank Indonesia Liquidity Assistance (BLBI).
According to him, the prudential and careful principle had been fulfilled by the KPK in handling Syafruddin\'s case. The verdicts made by the Jakarta Corruption Court and the Jakarta High Court indicated that the evidence and prosecution carried out by the KPK had been prudentially and carefully prepared.
Meanwhile, Indonesian Corruption Watch researcher Tama S Langkun asked the Judicial Commission (KY) and the Supreme Court’s Supervisory Board to examine the justices in the Syafruddin case. "If a violation is found, the justice must be sentenced," said Tama.
In Jakarta, MA’s chief justice Hatta Ali refused to comment on the appeal decision. "The technical things cannot be disclosed. I must not comment on the verdict," he said.
All considerations, said Hatta Ali, have been prepared by a panel of justices and set out in a copy of the decision. He was also reluctant to comment when asked about the impact of the decision on public perceptions of the MA\'s commitment to eradicating corruption.
ANTARA FOTO/RIVAN AWAL LINGGA
Laksamana Sukardi (right) walks out of the Corruption Eradication Commission (KPK) headquarters in Jakarta on Wednesday (10/7/2019). The KPK questioned the former state-owned enterprises minister as a witness in its investigation into suspect Sjamsul Nursalim for alleged corruption in the issuance of a clearance letter (SKL) to obligor Bank Dagang Nasional Indonesia (BDNI) on behalf of the Bank Indonesia Liquidity Assistance (BLBI).
The former chairman of the KPK Busyro Muqoddas said the Supreme Court’s decision on Syafruddin did not have a direct influence on corruption or efforts to eradicate corruption. Busyro said that corruption in Indonesia was structured, systematic and massive. (IAN/ SAN/ INA/ EDN)