Jiwasraya - Asabri Evidence Of Inconsistency In Law Enforcement, Many Investors Run Away

Illustration. (Photo: Doc. Asabri)

JAKARTA - Law enforcement in the settlement of the PT Asuransi Jiwasraya (Persero) case is considered to be able to stimulate investment instruments in the capital market. The Executive Director of the Lokataru Foundation, Haris Azhar agrees by giving a special note, namely as long as the law enforcement is carried out correctly, consistently and without disparities.

"In fact, in the process of handling Jiwasraya and Asabri there was a seizure which was suspected to be inappropriate, disproportionate, not related to the crime. Even if traced back, of the 124 issuers whose shares were purchased by Jiwasraya, only 2 of them were deemed to have committed a crime without any examination of others," said Haris Azhar, Thursday, June 10.

He reasoned, the statement was not without reason. According to him, there are assets that will be auctioned because they are said to be potentially damaged

"Because investigators can't manage or don't know how to deal with confiscated assets. Even though these assets are not related to criminal acts as mandated by Article 39. Investigators say that the assets were confiscated for replacement money, even though Article 18 paragraph (2) of the Anti-Corruption Law has stated that It is very clear that if within one month after the inkracht the convict cannot pay the replacement money, his property can be confiscated. This means that the confiscation can only be carried out after the case has permanent legal force, "he said.

Meanwhile, in the capital market, he said, in fact many (investors) have "run away" from Indonesia, because they think there is no certainty in law enforcement.

"This is also a note for the OJK (Financial Services Authority). If it is considered that there is mismanagement of insurance funds or the issuers are suspected of having problems in the capital market, why have they been silent all this time? Even though insurance and the capital market are the realm of OJK supervision," said Haris again.

According to him, officials and observers should not think only with general narratives, but must look at the practice and the reality. Haris believes that it is not impossible that the Jiwasraya case will become a template for scandal in the Indonesian capital market in the future.

Similarly, Trisakti University Criminal Law Observer, Abdul Fickar said that the true nature of criminal cases is to try individual actions. Because the confiscation of assets is only as corroborating evidence in a criminal act.

According to him, if the assets are related to the public interest, there is no reason for the prosecutor's office to confiscate them.

"Because confiscation is to produce sufficient evidence with samples or samples," said Fickar.

Fickar also considered that the Prosecutor's Office should not give the impression that it wants to control these assets. Because, he said, the context is just evidence, other assets must continue to run so as not to harm the public interest. In essence, law enforcement must not destroy the community's economy.

It is known, Jiwasraya was declared in default in 2018. The AGO investigators assessed that based on an audit by the State Audit Board, state losses reached Rp. 16.8 trillion.

The loss came from the direct purchase of four shares, and the indirect purchase of shares through 21 Mutual Funds, 13 Investment Managers, which were claimed to be controlled by Heru Hidayat and Benny Tjokrosaputro.