18 July 2018
Cabinet Meeting and Decision of KKSK Became the Basic of the issuance of SKL BLBI
JAKARTA - The Bank Indonesia Liquidity Assistance Certificate (BLL) given to Sjamsul Nursalim obligors has legal and binding legal force, as it is produced through a series of official discussions at the Cabinet Meeting and approved by the Financial Sector Policy Committee (KKSK).
"It means that SKL's decision is not an official decision of the officials, but a legitimate collective decision, and the legal basis is legitimate and binding," said legal observer Beni Arbi Batu Bara, Wednesday (17/07/2018).
He asserted that the validity of SKL was proven by the decision of KKSK at the meeting on February 13, 2004 which was attended and approved by the Coordinating Minister for Economic Affairs and Chairman of KKSK (period of August 9, 2001 - October 20, 2004) Dorodjatun Kuntjoro-Jakti.
At the Corruption Court at Central Jakarta District Court (PN Jakpus), Monday, July 16, 2018, with the defendant former IBRA Chairman Syafruddin Arsyad Temenggung, Dorodjatun also justified it.
Who issued the SKL? "IBRA (Indonesian Bank Restructuring Agency)," Dorodjatun replied when asked by the Prosecutor.
Does SKL have to get KKSK approval? "It must," answered Dorodjatun.
IBRA once issued SKL for Sjamsul Nursalim? "Yes, I know from the reports I signed (the decision of KKSK)," said Dorodjatun.
In the hearing it was also revealed, before the KKSK Decree on February 13, 2004, a Cabinet Meeting was held on February 11, 2004 attended by Dorodjatun, Finance Minister Boediono, State Minister for State Enterprises Laksamana Soekardi, Minister of Trade Rini Soewandi, and Head of Bappenas Kwik Kian Gie.
The results of the Cabinet Meeting were followed up with a decision that amended a number of obligations of Sjamsul Nursalim. Decision of KKSK March 27, 2001 had decided the collection of obligations to the core company, Decision KKSK April 27, 2001, should be billed to Sjamsul Nursalim, Keputusan KKSK February 13, 2004, billed to farmers, which amounted to Rp100 million / person for 11 thousand farmers or equivalent Rp1, 1 trillion .
Dorodjatun also confirmed the write off of Sjamsul Nursalim's obligations of Rp 2.8 trillion.
"And so I emphasize the existence of a number of conditions," said Dorodjatun. "The guidance is there, I had to trust (report) them," Dorodjatun said.
In relation to Sjamsul Nursalim's obligation position and Dipasena's farm debt of Rp1.1 trillion as mentioned above, witness Lukita D Tuwo, former Secretary of KKSK stated that since it was disclosed in disclosure, it was decided there was no misrepresentation.
Meanwhile, another witness, former Deputy IBRA Taufik Mappaenre Maroef explained before the decision was made, on December 16, 2003, conducted a Financial Audit (Financial Due Diligence) of Sjamsul Nursalim's assets. After the KKSK decision came out on 13 February 2004, he also made a draft of the SKL.
On March 27, 2004, Taufik continued, based on approval from SOE Minister Laksamana Sukardi. Until finally in April 2004, when it issued SKL for the Sjamsul Nursalim.
"There is an exit clause which states that all obligors who have completed will be sent notification. The SKL does not stand alone, but it refers to MSAA / MRNIA / APU If something later becomes the basis of cancellation, it can be done," Taufik said.
Thus, Taufik said, IBRA's position regarding the issuance of SKL is requested based on the institution's decision on it. "We were asked to issue SKL," he said.