22 July 2018

KPK Clear Disorientation of Proof in SKL Case (ANTARA) -- The Public Prosecutor of the Corruption Eradication Commission (KPK) is seen as misleading in proving the allegations of corruption related to the issuance of a Certificate of Lunas ( SKL ) for the obligor Sjamsul Nursalim, which put the former Chairman of the Indonesian Bank Restructuring Agency ( IBRA ) Sjafruddin Arsyad Temenggung as the defendant.

The impression of "judging the policy" was very strong during the trial at the Corruption Court at the Central Jakarta District Court.

This was expressed by the National Secretary of Public Advocates Network (JAP) Indonesia, Moin Tualeka, to reporters in Jakarta, Saturday (21/07/2018).

"The KPK is doing disorientation which shows their indictment is weak. They have difficulty proving the occurrence of corruption and the role of the defendant in the case. Important elements cannot be proven because the evidence and witnesses presented so far reinforces the legal fact that the issuance of SKL was done based on the procedures and rules of the applicable legislation, "he said.

He added that the issuance of SKL in April 2004 was based on a Cabinet Meeting and the Decision of the Financial Sector Policy Committee (KKSK) on 13 February 2004.

KKSK was headed by Coordinating Minister for Economic Affairs Dorodjatun Kuntjoro-Jakti and consisted of Finance Minister Boediono , SOE Minister Laksamana Sukardi, Minister of Trade and Industry Rini Suwandi, and Head of Bappenas Kwik Kian Gie.

Furthermore, the order and approval of the SKL issuance by IBRA was also strengthened by the Decree of State Minister of State-Owned Enterprises Laksamana Sukardi as the direct superior of the Chairman of IBRA on March 17, 2004.

"In the forum of the Cabinet and KKSK the positions regarding the obligations of Sjamsul Nursalim and farmers were disclosed. And decided so no misrepresentation. The SKL is a direct consequence of the decisions of those forums, so there was not individual initiatives, "he said.

At the hearing on Thursday, July 19, 2018, the witnesses former Finance Minister Boediono explained the authority of IBRA as the central body providing inputs to the KKSK in accordance with the laws and regulations.

"But of course IBRA was not alone. In addition, there were groups that helped, for example, the Legal Advisory Team (TPBH) also helped with input, then there is the Oversight Committee (OC) which also provided input, "he said.

The TPBH was a cross-departmental team that also consisted of law enforcement agencies such as prosecutors and the police. OC is the supervisory committee which was then led Ma'rie Muhammad.

According to Boediono, IBRA had good staff and sufficient funds to do things according to its authority.

"Including auditing," he said.

Further Boediono acknowledged the meeting and the Decision of KKSK on October 7, 2002 which discussed the obligations of Sjamsul Nursalim.
There were three main points in the decision. First, in relation to the obligation to pay in advance Rp 1 trillion, to be resolved through a short of payment of Rp 428 billion in cash.

Second, immediately refine the asset transfer process according to MSAA.
On all issues IBRA was required to report in detail about the completion of the Dipasena financial audit to obtain KKSK approval.

Regarding the debts of the Dipasena fishermen, Boediono stated, "Basically, the farmers have obligation to settle the debts, but then there was the IBRA proposal to lighten the burden. I forgot the figures, but the goal is to help farmers. Because I remember and convey, if this is according to the rules of course this is something good. "

Finally, the farmer's debt is adjusted from the initial Rp 135 million / person to Rp 100 million / person for 11 thousand farmers, bringing the total Rp 1.1 trillion. The KKSK meeting decided there was no misrepresentation in the obligations of Sjamsul Nursalim and the farmers.

Regarding all inputs and discussions, according to Boediono, KKSK obtained material from IBRA, the Legal Aid Team (TBH), the Legal Advisory Team (TPBH). There were also audit results from Ernst and Young.
Separately to reporters, Syafruddin said, that he foollow the decision of KKSK on October 7, 2002. He charged Rp 428 billion to Sjamsul Nursalim, including taking 12 companies owned by Sjamsul Nursalim.

"Then we report on March 17 (2004), all studied by TBH, TPBH, Oversight Committee, was done. Because it was completed then KKSK decided for IBRA, issue SKL. So I issued SKL on the decision of the KKSK, " said Sjafruddin.
Why did Syafruddin not report misrepresentation? According to him, it is not his authority.

"Mr. Boed (Boediono) is right, that was not my job. But KKSK ordered TBH, TPBH, OC to evaluate. Evaluation results that became for KKSK to handle. "
So at the time of the decision of KKSK on October 7, 2002, Sjafruddin continued, Sjamsul Nursalim's obligation had not been completed, namely the transfer of assets of 12 companies and a shortfall of Rp 428 billion.

"During October 2002 until December 2003, IBRA completed and reported to KKSK, then KKSK ordered TBH, TPBH, OC to study, and its decision to issue (SKL)," he said.

Syafruddin also stated that the other basis of SKL issuance is the Decree of the Minister of SOEs as the direct superior on March 17, 2004.
Regarding the debt of farmers, Syafruddin admitted the removal of the debt so that the amount to Rp 1.1 trillion.

"But he did not remove the debt because of the core guarantee, Dipasena still exised. Whatever the rest would be paid by the core company. This Dipasena core was taken and controlled by IBRA so that restructuring and revitalization was easy. This was submitted to the Minister of Finance and PPA, " he said.

Thus, on February 27, 2004, the debts of farmers of Rp 4.8 trillion and Dipasena's core company valued at Rp 19.9 trillion was submitted to the Minister of Finance.
Boediono, in his testimony, confirmed that on February 27, 2004 and April 30, 2004 he received a report document concerning the assets submitted by IBRA to the Minister of Finance.