KSP Indosurya Members Question The Urgency Of Sentencing

Illustration. (Photo: Unsplash)

JAKARTA - Members of the Indosurya Savings and Loans Cooperative (KSP) hope that the legal process carried out by the Police against the leaders of the cooperative, including its founder, will not stop efforts to pay obligations to creditors. Those who agree with homologation and have been declared inkracht by the Supreme Court (MA) have questioned the urgency of the detention of Henry Surya, as the founder who has confirmed as a stand by guarantor of homologation in court.

These customers, on the other hand, feel that even though they are in installments, they still receive consistent payments from the cooperative's management.

"Of course we want it to end well, but if this is the case (detention and confiscation of assets), it is no longer clear, the installments will also stop," said Sara, a member of KSP Indosurya from Bekasi, Thursday, March 18.

So far, he said, although the nominal payment was small, the funds were sufficient for daily needs. He said that so far there has been good faith from KSP to fulfill the PKPU decision. He still receives installment payments every month.

"We can still be accepted if we are late, but if we stop altogether, we will be confused too. As one of the customers, of course I hope the money can be returned. Law enforcement should not prevent our rights as creditors from being fulfilled," said the woman who has the funds. IDR 1 billion more in this Indosurya KSP.

Sally, a KSP member who is domiciled in North Jakarta, said the same thing. He hopes that his funds in KSP Indosurya can come back again.

"The hope is that the refund will run again, if the legal process has assets confiscated, then there is detention, we are worried that the funds will not return to us," he said.

So far, he said, installments were acceptable, but the detentions and confiscations made it difficult.

Steven, a resident of Tangerang who is also a member of KSP Indosurya assessed that the detention of Henry Surya by the Criminal Investigation Unit is contradictory to PKPU.

"The PKPU decision is clearly a homologation. As we know, funds below Rp500 million have received almost 50 percent installments. Indeed, the funds from Rp500 million to Rp1.99 billion are a bit hampered, but they (Indosurya) are in the process of selling assets, " he said.

He admitted that he was confused by the detention of HS by the police. What's more, this elderly Steven needs and needs to live everyday. The man who has funds of around Rp. 800 million in KSP Indosurya admitted that so far he has still been paid even though the nominal is small.

"Even though it's IDR 1 to 2 million per month, it's better than the condition being floating again like this, if you wait for the court, this is still a long process, there is a district court until an appeal to the Supreme Court and PK," he said.

Member refund

The three members admitted that they were worried about the criminal process that is now being imposed on top officials of KSP Indosurya, including its founder, Henry Surya. If later the court decides that all assets will be returned to members, then that will be good. However, reflecting on the experience of previous cases such as the First Travel case and the Cipaganti case where all assets were confiscated by the state made them pessimistic.

The three members admitted that they still appreciate Henry Surya as the founder, who did not run away and dared to establish his company as the guarantor of homologation. Steven said he was communicating with other members, especially those whose value was below Rp. 500 million.

"That's a lot of money for them. We will try to ask the Criminal Investigation Unit to be wiser," he said.

This concern is recognized as a natural thing by the criminal law expert Prof. Faisal Santiago. This Professor of Law at the University of Borobudur said that if homologation had been determined, there should be no need for punishment. Another case, if the homologation is then not executed.

He emphasized that homologation binds the parties to the agreement, in this case KSP Indosurya and its members. For the sake of refunding KSP members, the Police should establish restorative justice.

"Of course the detention will complicate the disbursement of the agreed upon funds," he said on a separate occasion.

As is known, in the case of KSP Indosurya, the court determined homologation as a settlement of the agreement. Homologation/Peace Decision No. 66/PDT.SUS-PKPU/2020/PN.Niaga.Jkt.Pst dated July 17, 2020, confirms that legally the peace between KSP Indosurya Cipta and all creditors (whether participating in the PKPU process or not) is binding (Vide Article 286 of the Law). Number 37 of 2004 concerning Bankruptcy and PKPU).

Meanwhile, the Directorate of Tipideksus Bareskrim Polri has confiscated the assets of three suspected KSP Indosurya officials. Head of Sub-Directorate III of the Directorate of Tipideksus Bareskrim Polri Kombes Pol. Robertus Yohanes De Deo said the confiscated assets were in the form of land, buildings, apartments and office buildings in the Central Jakarta area.

Then 43 luxury cars were also seized by the investigative team from a number of places in Jakarta. In addition money in 12 accounts have been confiscated. The total assets that have been confiscated are Rp. 1.5 trillion.