Attorney Bambang Trihatmodjo: Sri Mulyani's Decision Does Not Have A Strong Legal Basis
JAKARTA - Decree of the Minister of Finance (Menkeu) No.108 / KM.6 / 2020 dated 27 May 2020 concerning the stipulation of the extension of the prevention of traveling abroad to the Chairman of the XIX-1997 SEA Games Organizing Partner Consortium (KMP), Bambang Trihatmodjo, was considered very premature and too far. .
According to Bambang Trihatmodjo's attorney, Hardjuno Wiwoho, the decision made by the Ministry led by Sri Mulyani did not have a strong legal basis.
"The subject of the KMP is PT Tata Insani Mukti. This is what was misunderstood. Civil consortium is not a legal subject so that it cannot be held accountable. So, the one who is held accountable is PT as the legal subject," said Hardjuno in a statement received in Jakarta. , Tuesday 22 September.
He was part of the former President Soeharto's son's legal team with Busyro Muqoddas and Prisma Wardhana Sasmita. Furthermore, according to Hardjuno, Bambang Trihatmodjo cannot be held accountable as a person in his position as Chairman of the 1997 SEA Games Consortium.
"It should have been, PT Tata Insani Mukti was asked to take responsibility. If there is a problem between the State Secretariat and the Consortium, where Mr. Bambang is the Head of the Consortium, PT TIM will be held responsible," he explained.
Therefore, explained Hardjuno, burdening Bambang Trihatmodjo with legal responsibility is very unfair. Moreover, as Chairman of the 2017 KMP SEA Games, Bambang Trihatmodjo has mandated everything related to the holding of the SEA Games to the Chief Executive, Bambang Riyadi Soegomo. This is stated in the letter or existing documents.
"Based on the MoU with KONI on October 14, 1996, which was signed by the Chairman of KONI, Mr. Wismoyo Arismunandar, with the Managing Director of PT TIM, Mr. Bambang Riyadi Soegomo, who was appointed by Mr. Bambang Trihatmodjo as the Chief Executive of KMP Daily," he explained.
He explained, what is meant by the SEA Games Organizing Partner Consortium is PT Tata Insani Mukti. As a Commissioner, he explained, Bambang Trihatmodjo had carried out his duties and authorities as a Commissioner in good faith and responsibly.
Even after the implementation was completed, an Accountability Report was formally audited in 1997 by KPMG's public accountant Hanadi Sudjendro & Rekan on the assignment date of November 10, 1997 and the Audit was carried out on December 1, 1997 - February 28, 1998.
He admitted that as a commissioner there were joint responsibilities. But in articles 108 and 104 of the PT Law, as long as a commissioner has good intentions and carries out his duties and authority properly, he is exempted from responsibility.
"Don't get the impression, all the implementation of the SEA Games is in the hands of Bambang Trihatmodjo as the person in charge. To be sure, the Chairman of the Consortium has given the authority to the Daily Chair to hold this SEA Games event," he explained.
Hardjuno said he was surprised at the current SEA Games 1997 bailout problem. The reason is, there is a period 1998-2006, there is no problem.
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In fact, PT TIM as the organizer of the consortium of partners to organize Sea Games XIX 1997 has cooperatively provided reports, as this Sea Games is an event which is in the interest of the State of Indonesia. Moreover, there is good faith from PT Tata Insani Mukti to complete its responsibilities.
"Why in 2017, there was only this problem. Even if it was considered a state debt, why was it only in 2019, the Minister of Finance's decision appeared on a letter from the State Secretariat in 2017," he explained.
Actually, explained Hardjuno, from 1998 to 2006, PT TIM as the organizer of the SEA Games had reported all of its activities to the State Secretariat, KONI and Kemenpora at that time.
At that time, there was a request that it be converted into state responsibility for the SEA Games. However there was no response from 2006.
"Why did 2017 appear, the existence of this bailout fund. This is a big question," he said.
It should be noted that the implementation of the 1997 SEA Games was actually allocated for Brunei Darussalam to host the biennial event. However, Brunei objected because it was not ready to host it.
Therefore, the right to organize the 1997 SEA Games was handed over to Indonesia first. Based on calculations from the Office of the State Minister for Youth and Sports, the cost of the 1997 SEA Games was Rp. 70 billion.
Beyond the original plan, the consortium was burdened with the additional burden of preparing the Indonesian Pelatnas contingent of Rp. 32 billion. However, along the way, the cost of organizing the SEA Games has swelled to Rp. 156 billion.
"The state should be able to see how much the consortium has spent by looking for sponsors themselves. They should be given appreciation," he said.
Supposedly, said Hardjuno, the Indonesian government should thank Bambang Trihatmodjo for successfully holding a sports festival for Southeast Asian countries in 1997.
Therefore, according to Hardjuno, the son of former President Soeharto deserves an award for his services to save Indonesia's face at the Asian level.
"The government should understand. Remember, the cost of organizing a major sporting event in Southeast Asia is not funded by the state. It is precisely the private sector involved in saving the face of this nation. The organizers of the SEA Games should have received an award from the government, instead of being tampered with as it is today," he concluded.
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