Blocked WanaArtha Customer Funds, Urged To Be Opened Immediately

JAKARTA - Requests to clarify the status of funds in the WanaArtha Sub Securities Account (SRE) that were confiscated by the Attorney General's Office continue to emerge. Separation between funds suspected of being related to criminal crimes and customer funds must be carried out immediately.

The prosecutor's office is deemed not supposed to freeze WanaArtha's corporate accounts just like that, so as not to further aggravate the public because their investment funds are held hostage. Hans Kwee, a Capital Market Observer, understands that the AGO's purpose of confiscating and freezing accounts is to secure the return of state losses due to the Jiwasraya case.

However, he continued, it does not mean that all funds in the account, other than the amount of state losses, are also frozen. He viewed that not everyone should be victims and be involved in the cases that occurred, just because they bought shares that happened to be the same as those owned by Jiwasraya or were played by certain groups.

"They are not involved. So that they can operate normally again. If it turns out that they are involved in a conspiracy and causing losses to the state, it must be legally enforced, proven that they are involved and punished," said Hans Kwee in a written statement quoted on Thursday, October 29.

He regretted the progress of this case and the freezing of accounts that had occurred. Because even if it's opened now, WanaArtha Life has its own problems because its investment value has dropped.

"Not to mention that because of this case their trust has dropped. It should be tidied up immediately. There are lots of freeze accounts. Yes, they are also at a disadvantage. So when it's over, it's better to just unblock it," said Hans.

For information, 13 SREs and 42 IFUA (Investor Fund Unit Accounts) WanaArtha began to be blocked by the Central Securities Depository (KSEI) as of January 21, 2020 on the OJK instruction requested by the AGO. If calculated, the securities value blocked by KSEI at that time was around Rp3 trillion.

It consists of the value of WanaArtha's investment assets in shares of IDR 1.44 trillion and in mutual funds of IDR 1.54 trillion. Another source stated that the frozen funds in WanaArtha's account reached IDR 4.1 trillion.

Due to this block, WanaArtha has difficulty paying the benefits of policyholders' claims. Then start defaulting in the following months. WanaArtha's own policy holders totaled 26 thousand policies, consisting of dual-purpose products and unit links.

Responding to the suspension of WanaArtha Life's accounts, Money Laundering Criminal Observer Yenti Ganarsih assessed that law enforcers must provide clear status to third parties as to what the relationship is.

"To my knowledge, WanaArtha had objected to the freezing of their accounts, because there was money from customers and WanaArta's own money. Well, if Benny Tjokro's money was there, yes, his money would be frozen," said the Chairman of the KPK Leadership Selection Committee.

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The Dean of the Faculty of Law, Pakuan University, Bogor, added that if the investigators had evidence, the money proceeds from Benny's crimes were transferred to WanaArtha, it must be traced, blocked or frozen.

"Confiscation in companies should be investigators careful, if everything, it could collapse, there could be layoffs, indeed if the TPPU has to be more careful than corruption cases. There are transactions that date to such a date, in that year, that's all that is frozen. , "Yenti explained.

The General Chairperson of the Indonesian Criminal Law and Criminology Society (Mahupiki) is of the opinion that if the money being traced is mixed with legal money, it can actually be calculated in the financial industry.

"It must be in accordance with the amount, including interest, for example. So it must also protect third parties who have good intentions and support law enforcement. This is also a lesson," he said.

Yenti himself admitted that he was surprised by the content of the prosecutor's demands in the Jiwasraya case. In this case, Benny was sentenced to life imprisonment and a fine of IDR 5 billion, subsidiary to 1 year in prison. In addition, the prosecutor demanded that the panel of judges impose an additional penalty in the form of compensation amounting to Rp6.078 trillion.

"There is already a fine of Rp. 5 billion, then there is an additional penalty of Rp. 6 trillion, that's why there is a subsidiary, while the additional penalty is already Rp. 6 trillion. Is the prosecutor afraid that the judge's verdict will not be for life or what? It seems arbitrary too," he added.

The head of the Prosecutor's Commission (Komjak) Barita Simanjuntak, previously also asked the panel of judges to look at the case fairly. Legal facts and events, including testimony from witnesses, both mitigating and incriminating, as well as the pledoi of the accused and legal advisers must also be considered.

"This (the confiscation of WanaArtha's account and others) includes what part will be decided. Due to the blocking or the prosecutor's legal action, the judge will see it later. Is it true state money or Jiwasraya or money from other parties will be part of the trial. by the judge, "said the head of the Prosecutor's Commission, Barita Simanjuntak.

He said the prosecutor was also responsible for proving what he did in the investigation. Barita emphasized that what the prosecutor had to do was according to legal procedures.

"So the assumption that says it is not state money but customer money, in the courtroom that determines the law," he explained.

He further said that the Prosecutor's Commission would monitor the proceedings of the trial. Moreover, it is acknowledged that there have been reports of customers who felt they were being treated unfairly over the blocking of WanaArtha's SRE. Where there are "rights" of the customer in the account.

At the trial itself, the defendant Benny Tjokrosaputro admitted that he had nothing to do with WanaArtha. The Attorney General's Office of the General Prosecutor's Office of the General Prosecutor's Office of the General Prosecutor's Office, to associate his name with WanaArtha.

Regarding this, the Prosecutor's Commission also observed. In his opinion, the prosecutor must prove it is in accordance with his demands, including whether Jiwasraya's state money belongs to him or whose money.

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