Jusuf Hamka's Position And Government Debt To CMNP That Doesn't End

Jusuf Hamka's position at CMNP is still a question in his affairs of collecting debts to the government. (Between/Livia Kristianti/aa)

JAKARTA The government's debt polemic to PT Citra Marga Nusaphala Persada (CMNP) is getting bigger. The Research Director of the Center of Reform on Economics (CORE) Piter Abdullah assessed that it was an obligation that had to be resolved immediately, especially since there had been an underlying legal decision.

The Supreme Court (MA) on January 15, 2010 decided that the government was obliged to pay futures deposits of IDR 78.84 billion and a giro of IDR 76.09 million. In addition, the government must also pay a 2 percent fine every month from all funds requested by CMNP.

"We have to respect that decision even though I question why the Supreme Court decided that the government must pay CMNP. What's the history? What are the considerations? I don't have data and information about that," Piter told VOI on June 15, 2023.

This is because the National Bank Restructuring Agency (BPPN) has rejected the request to return CMNP deposit claims at Bank Yama because it is considered that they are still one owner, both of whom are controlled by President Soeharto's first daughter, Siti Hardianti Rukmana (Tutut).

As stated by the Special Staff of the Minister of Finance for Strategic Communications, Yustinus Prastowo based on official data from the Directorate General of General Legal Administration of the Ministry of Law and Human Rights, Tutut is the main commissioner or president director of PT CMNP from 1987 to 1999. Just when the government disbursed Bank Indonesia Liquidity Assistance (BLBI) funds.

Tutut is also the controller and commissioner of Bank Yama with 26 percent share ownership, according to the settlement of obligations in BPPN.

Bank Yama is one of the banks liquidated by the government in 1999, a bank that also received a guarantee program through BLBI to fulfill its obligations. However, when referring to the Decree of the Minister of Finance No. 179/KMK.017 of 2000, the type of obligation that can accept guarantees has certain criteria. Not everything is guaranteed.

Article 13 paragraph 1 point d states that the types of obligations of participating banks that are not guaranteed based on the guarantee program include obligations to or from parties related to participating banks.

The related parties in question are also explained in paragraph 2, namely:

The decision of the Minister of Finance is very clear. But, once again, legal decisions must remain respected and implemented, "said Piter.

On the other hand, the public must also understand the debt issue, including the whereabouts of Jusuf Hamka at CMNP. Jusuf Hamka was indeed the person who asked the government to immediately pay off his obligations, but said Piter, Jusuf was not the owner of the deposit funds.

Jusuf Hamka cannot be mentioned that he has a receivable or the government has a debt to him. The government has an obligation to CMNP, which is basically the Constitutional Court's decision," Piter said.

Jusuf and his family and business partnerships, as reported by CNBC, are known to have only entered CMNP and have been controlling since 2012, while deposit placements have been made since 1998.

'Mr. Jusuf Hamka in this context? Then, Mr. Jusuf in 1997-1998 or when the deposit was deposited for the first time what position?' Piter said.

Even now, Yustinus said that he did not find Jusuf Hamka's name in the latest company deed as of June 12, 2023, either as a shareholder, commissioner, or director.

"So we don't know what his position is. This needs to be clarified. Because the government, in this case, is dealing with CMNP," said Yustinus in his statement.

"So from the start we avoided the mention of Jusuf Hamka because at the time of the incident the placement of deposits and credit, the contracts were corporations and then holders/managers in charge. The documents owned by BPPN and the Ministry of Finance proved that," added Yustinus.

If you look at the company's profile recorded on the Indonesia Stock Exchange (IDX), there are only the names of Jusuf's children, namely Fitria Yusuf and Feisal Hamka. Fitri owns a 9.35 percent stake, while Feisal Hamka is 4.93 percent.

The majority shares are owned by shell companies registered in Singapore, namely BP2S SG/BNP Paribas Wealth Management Singapore Branch with ownership of 58.95 percent. Thus, it is difficult to trace the owner of this company because the company's status is only on paper. It can operate without an office, without operations, to without employees.

When asked about his position at CMNP, Jusuf Hamka was reluctant to explain the details. He only made sure that he was a high-ranking company.

"Then why did the Minister of PUPR do it when the meeting was with me? Can you see my Cisumdawu who built it, CMNP. If I answer later it will not be smart, it will be seen later. I said it was smart," he said after meeting with the Coordinating Minister for Political, Legal and Security Affairs Mahfud MD at the Coordinating Ministry for Political, Legal and Security Affairs office on June 14, 2023.

Likewise related to CMNP's relationship with Tutut. Jusuf diCNBC claimed that CMNP since 1997 has no longer been owned by Tutut. That way, CMNP is no longer affiliated with Bank Yama. This status has legal force that can be seen from the Supreme Court's decision in 2010.

Yustinus did not deny that the court's decision must be respected. The government is ready to carry out its obligations. However, because it results in the burden of state financial expenditure, the implementation of the decision must meet the mechanism for managing state finances based on the State Financial Law, especially the principle of prudence.

"Research is needed first. This is to maintain public interests that need to be financed by the state and research to ensure that budget expense expenditures have met the provisions of state financial management," he said.

Piter agrees, this problem must be clearer first. What is the value of its obligations, interest, and what the final agreement will be. So that it is not confusing and detrimental to the state.

"If everything is clear, payments are very easy for the Ministry of Finance as payment of government obligations that have been made so far," he added.