Berita Satu
26 June 2019

Otto: Sjamsul Nursalim Convinced the Government will Meet the Promise

Jakarta, - Sjamsul Nursalim (SN) believes the government will uphold a promise signed 20 years ago not to process criminal law concerning the settlement of the obligation to repay Bank Indonesia Liquidity Assistance (BLBI) received by the bank BDNI during the economic crisis.

The message was conveyed by senior lawyer Otto Hasibuan to reporters regarding the location of SN at this time, and why he has not attended an examination at the KPK.

"In addition to health issues, Sjamsul Nursalim believes the government will keep the promises set out in the MSAA and the Release and Discharge (R & D) statements signed on May 25, 1999," Otto said.

Otto was reluctant to talk much about SNís case at the KPK, because he did not have the power of attorney to do so. He and Maqdir Ismail only received authorization for the lawsuit over the BPK investigative audit into the granting of a Declaration of Letters (SKL) by IBRA to SN in 2004, which reportedly caused a state loss of Rp 4.5 trillion.

"We received power only for claims against the procedures for conducting the BPK 2017 audit. As far as I heard, SN is optimistic that the government will keep its promise not to criminalize the BLBI settlement process," Otto said in a written statement received by SP on Wednesday (6/26/2019 )

According to him, SN's belief was quite reasonable. Because, based on legal documents and facts, SN has completed all obligations to repay BLBI facilities received by BDNI in the face of the 1998 economic crisis.
In September 1998, he agreed with the government's offer to settle the BLBI obligations through the Master Settlement Acquisition Agreement (MSAA) scheme. Then IBRA representing the Government hired Ernst and Young (E / Y) as financial advisors to conduct financial due diligence (FDD) of BDNI assets.
The FDD was carried out on bank balance sheets closed by the government in August 1998. Previously, the bank had been taken over by the government through IBRA in April 1998.

Based on FDD, SN as the controlling shareholder of BDNI was declared obligated to pay off the BLBI support of Rp 28 trillion. Payment was agreed in cash of IDR 1 trillion, the rest is in the form of assets. The obligation was repaid by SN by submitting cash and assets in the form of shares in 12 companies.
In May 1999, the government stated that the MSAA had been completed, so that SN was given the right to immunity and not be prosecuted in criminal cases related to BLBI settlement and banking legislation.

The right to immunity was given through the issuance of R & D letters in the form of two documents, first the Shareholders Loan Release related to the settlement of violations of the Legal Lending Limit (LLL) signed by the then finance minister, Bambang Subianto, Deputy Head of IBRA Farid Harianto and SN. Both the Liquidity Support Release related to BLBI settlement was signed by Farid Harianto and SN.
The R & D signing was followed by a letter of statement made by SN and IBRA on May 25, 1999 in the presence of Notary Merryana Suryana. IBRA stated that the transactions listed in MSAA have been implemented by SN. In the statement, the Government also promised and guaranteed not to sue SN in any form, including not conducting investigations and criminal prosecutions.