Aftermath Of Jiwasraya Case, Unrealized Loss Called To The Detriment Of The State, Experts: SOE Stock Investors Will Escape!

Illustration. (Photo: Doc. Between)

JAKARTA - The last few days have been discussed the case of unrealized loss of stock investment experienced by PT Asuransi Jiwasraya and BPJS Ketenagakerjaan. But only Jiwasraya was initiated by the Attorney General's investigators.

Many have questioned whether the unrealized loss of stock value experienced by the two red-plate companies could be categorized as a form of state loss? According to Reliance Sekuritas analyst, Lanjar Nafi said that unrealized loss is common when buying or investing shares, the share price decreases.

"As long as the shares are still in the portfolio or not sold," Lanjar said through his written statement in Jakarta, Saturday, April 10.

He assessed, for an Investor with the type of Growth Investor and Value Investor, experiencing unrealized loss is a natural thing to happen in the midst of the level of price volatility in a dynamic market in the short term.

He said that new losses will occur if the shares have been sold at a lower value than the acquisition.

"As long as it has not sold its shares it cannot be declared a loss," he said.

Similarly, binaartha sekuritas analyst, Muhammad Nafan Aji Gusta Utama. According to him, if it becomes unrealized loss or potential loss should not be sold first.

"Later if the share price has gone up, so unrealized profit for example because there is a change in percentage from negative to positive profit. Profit is the fruit of patience," nafan said.

Meanwhile, prosecutorIal Observer Fajar Trio Winarko said that if unrealized loss of a stock is criminalized, it will lead to the escape of investors.

"Especially the ownership of bumn shares. If haphazard investigators coupled with the seizure of assets that violate the rules, automatically make a rowdy and make the state-owned stock investors run away. The Attorney General must strictly control the enforcement of the law by his men. Don't just take the report, go down and check into the field," fajar said.

Related to the case of PT Asuransi Jiwasraya which originated from unrealized loss, while BPJS TK which is 'free' from legal entanglement, criminal law expert of Al-Azhar University Indonesia (UAI), Suparji Ahmad said that investigators should not cut down the choice in handling a case should not happen.

"There must be a transparent and accountable explanation of the legal process," Suparji said.

According to him, if the legal construction is the same and the elements are fulfilled must be processed. Included in the seizure of assets of suspects or defendants or even third parties that are not in accordance with Article 39 KUHAP.

He said that if the asset has nothing to do with the case, then there should be no seizure.

"Foreclosures can only be done for the evidentiary and refund of state losses. It is not permissible if it has nothing to do with his crimes. So don't let law enforcement break the law," he said.

According to him, to prove whether investigators committed violations related to the seizure of assets, must be pursued by pretrial channels.

"Do pretrial, should be tested in pretrial," he said.