The BLBI SP3 Pretrial Was Rejected By The South Jakarta District Court Judge Because The Petitioner's SKT Had Expired

JAKARTA - The sole judge of the South Jakarta District Court (PN Jaksel) rejected a pretrial lawsuit on the validity of the Termination of Investigation Order (SP3) of Bank Indonesia Liquidity Assistance (BLBI) issued by the Corruption Eradication Commission (KPK).

The suspects in this case are Sjamsul Nursalim and Itjih Nursalim. They are shareholders of the Indonesian National Trade Bank (BLBI-BDNI). One of the considerations of the panel of judges is that the SKT MAKI as the applicant's organization has expired so that it does not have a legal standing.

The rejection was read out by Alimin Ribut Sujono, the sole pretrial judge at the verdict hearing, Tuesday, June 29, as reported by Antara.

"Considering that based on the considerations above, what the respondent has submitted in the exception, the applicant strongly declares that the applicant's pretrial application cannot be accepted," said judge Sujono.

The judge considered the exception submitted by the respondent, namely the KPK that the Indonesian Anti-Corruption Society (MAKI) did not have legal standing as a third party to file a pretrial lawsuit.

In this pretrial lawsuit, MAKI assumes the position of an interested third party. This is because the applicant (MAKI) in the BLBI case is not the suspect, his family, or the suspect's legal adviser.

In the Criminal Procedure Code (KUHAP) it has been determined that the party who can file a pretrial application is one of the interested third parties.

However, the Criminal Procedure Code explicitly stipulates limitations on the scope/object of pretrial that can be submitted by the applicant by an interested third party, which is limited to the validity of a termination of an investigation, the validity of a termination of prosecution and compensation, and/or rehabilitation as a result of an illegal arrest. or detention or as a result of the legal termination of an investigation or prosecution.

MAKI's position as a third party has an interest in this as a social organization (ormas), this is regulated in Law Number 17 of 2013 concerning Ormas as amended by Law Number 16 of 2017 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2017 concerning Amendment of Law No. 17 of the Year concerning Ormas into Law (UU Ormas).

For community organizations that are not legal entities, they must submit a registered certificate (SKT) to the government through the minister in accordance with the provisions of the Ormas Law in conjunction with PP Number 58 of 2016.

Article 16 of the Ormas Law states that the registration of mass organizations that are not legal entities as referred to in Article 10 Paragraph (1) Letter b is carried out by giving SKT.

Meanwhile, the MAKI SKT is no longer in effect or expires on November 9, 2017. Thus, it implies that the applicant does not have the legal standing to file a pretrial application. Therefore, the judge rejected the MAKI pretrial application.

"Judging, stating that the pretrial application is unacceptable," said judge Sujono.

However, he appreciates the applicant as a contributor to the eradication of corruption. The verdict hearing was attended by the litigants in this case the MAKI and the KPK.

After the trial, MAKI Coordinator Bonyamin Saiman, who was contacted via text message, stated that his party respects the judge's decision and will not tire of suing until he wins.

According to Bonyamin, the legal action taken by MAKI is also to fight for the fate of the shrimp farmers in Dipasena Lampung, who until now have bad credit status and can no longer borrow from banks because of the BLBI-BDNI.

"MAKI immediately took care of the MAKI SKT and immediately filed a new pretrial lawsuit," said Bonyamin.