Is It Possible For The KPK To Investigate Regional Heads Of Money Laundering Through Casinos?

JAKARTA - Towards the end of the year the Financial Transaction Analysis Reporting Center (PPATK) submitted its findings regarding money laundering committed by several regional heads. Although they did not mention names, this institution said that it had found a number of regional heads who had placed very large funds in the form of foreign currency into overseas casino accounts, amounting to Rp50 billion.

The Corruption Eradication Commission (KPK) also spoke up about the findings. KPK spokesman Febri Diansyah said that his party often collaborated with PPATK to investigate a number of cases, including those related to money laundering.

However, regarding the findings of money laundering that was recently published by the PPATK, the former anti-corruption activist was reluctant to convey whether there had been reports from the agency to the KPK and the question of the possibility that his party would also investigate this allegation.

"We cannot confirm whether the report is sent to the KPK or the police or prosecutors," Febri told reporters at the KPK's Red and White House, Kuningan Persada, South Jakarta, Monday night, December 16, adding that the data was confidential because classified as intelligence data.

On that occasion, Febri also responded to allegations from other parties who said that PPATK deliberately conveyed this to the public because the KPK did not handle cases from these data. "I did not hear the statement from PPATK," he said.

In addition, he said the PPATK could not provide more information to the public regarding the suspicion of the money laundering. Including the perpetrator or other things related to the case file.

"Meanwhile, if it is related to the regional head that we handle, what we can confirm is the one that has been investigated. If not, we cannot," he concluded.

The expression of money laundering has even been criticized

The PPATK findings which were conveyed to the public were even criticized by a number of parties. The Ministry of Home Affairs also responded, for example, through the Director General of Regional Autonomy at the Ministry of Home Affairs (Otda Kemendagri) Akmal Manik, instead criticizing PPATK.

According to him, these findings should be submitted internally so that the Ministry of Home Affairs can immediately provide guidance. Not only criticizing, Akmal also said that PPATK could be reported if it leaked confidential banking data.

This is because this institution is related to PPATK's duties as a financial intelligence unit (FIU) or financial intelligence unit and it is best if the findings in the form of regional heads' accounts at foreign casinos are not disclosed to the public.

"If PPATK leaks confidential banking data, it can be punished," Akmal told reporters in a written statement, Tuesday, December 17.

Because, according to the provisions of Law Number 8 Year 2010 concerning the Prevention and Eradication of the Crime of Money Laundering, Akmal said intelligence products should not be disclosed other than to law enforcement officials for investigations, including the Ministry of Home Affairs who deals with Regional Heads. This is because the ministry is not a law enforcement apparatus.

The delivery of this information to the public was not only criticized but also unfortunate. Because, according to Akmal, there is not necessarily a criminal element there because the law enforcement apparatus has not yet been appointed to carry out investigations.

According to him, if the law enforcement apparatus has stepped down and indicates that there is a criminal act, the status of the existing investigation will then be raised to investigation for further legal proceedings.

On the other hand, if the results of the investigation are deemed not to be a criminal act, the investigation must be stopped. "For example, the suspected funds are from private legal business money, then the investigation is terminated," said Akmal.

Not only the Ministry of Home Affairs, the Chairman of the Indonesian Parliament, Puan Maharani, also expressed his criticism of PPATK. According to him, the institution does not need to publish regional heads who have casino accounts abroad. This is because this information has the potential to cause confusion in the community.

"It would be nice if these matters were not published immediately to the public because they caused suspicion of guilt in those concerned," Puan told reporters at the Parliament Complex, Senayan, Central Jakarta, Monday, December 16.

This PDIP politician hopes that the Ministry of Home Affairs and PPATK will convey these names to law enforcement officials rather than to the public. "From the PPATK, if there is a case by case basis please report it to the prosecutor's office, police, KPK or legal parties who can follow up on the findings," he concluded.