15 June 2019
Legal Practitioner: Connecting the SAT Case to Sjamsul Nursalim Irrelevant
Legal Practitioner Prof. Dr. Otto Hasibuan reminded that the case of Syafruddin Arsyad Temenggung (SAT) was very different and could not be attributed to Sjamsul Nursalim.
According to him, it has been bound by the government's promise in the Release and Discharge (R & D) letter dated May 25, 1999.
Otto explained the SAT case was related to the elimination of farmer's debts and the Certificate of Settlement (SKL). In this case, Sjamsul was not involved at all.
At the time, SAT was not yet the Chairman of the Indonesian Bank Restructuring Agency (IBRA). While the R & D provided by the government was represented by the Minister of Finance and IBRA during Glenn MS Yusuf.
Otto added, the case of issuing the SKL in 2004 had no effect at all on Sjamsul, because he had received the R & D from the government in 1999.
The government, said Otto, freed and released SN from any further obligations on the settlement of payment for Bank Indonesia Liquidity Assistance (BLBI).
The Government also acknowledged and agreed that it would not initiate or carry out any lawsuits or exercise any legal rights, if any, against SN for all matters relating to BLBI.
"All BLBI settlements to the Indonesian National Trade Bank (BDNI) have been fulfilled by the SN based on the MSAA in 1999. The method is through cash payments and the surrender of assets in the form of company shares to the Government through IBRA, so that anything that happens afterwards "the relationship is no longer a matter for SN," Otto said when contacted on Saturday (6/15).
Otto again explained that it is important to know that BDNI had been taken over by IBRA from April 4, 1998. Receivables from farmers were assets inherent to BDNI. So since the bank was taken over, SN had no power or control over BDNI or its assets. Everything, said Otto, was entirely in the control and management of IBRA.
"Therefore, if the government later eliminates or sells it, it is impossible not to relate it to SN," said the senior advocate.