Impact Of Jiwasraya Case, Shareholders Of PT Hanson Seek Justice

Illustration. (Photo: Unsplash)

JAKARTA - Even though it has permanent legal force or inkracht, the Jiwasraya mega corruption case that ensnared Benny Tjokrosaputro still leaves other problems unresolved. One of them is the uncertainty of the fate of the public shareholder of PT Hanson International Tbk (MYRX).

MYRX's shares are about 20 percent owned by foreign investors. Five percent is owned by Benny Tjokro who is also the President Director of PT Hanson, while the rest is owned by the public.

As a result of the Jiwasraya case that ensnared Benny Tjokro, the Financial Services Authority (OJK) and the Indonesia Stock Exchange (IDX) have suspended MYRX shares, as well as the Central Jakarta District Court which declared the company bankrupt based on the Consultative Session of Judges on August 12, 2020.

The situation was exacerbated by the confiscation of PT Hanson's assets by the court related to the Jiwasraya case. In fact, in fact many of PT Hanson's assets have absolutely nothing to do with the case that ensnared Benny Tjokro.

This then became a chaotic conflict with no clear end, while the owners of public shares were still waiting for the certainty of the fate of those who had not received justice.

Responding to this case, member of the Indonesian Ombudsman Yeka Hendra Fatika said, meanwhile, the public shareholder of PT Hanson should wait for the results of the examination in court regarding the civil lawsuit filed by the shareholder to the IDX and OJK, which is registered under number 825/Pdt.G/2021/ PN JKT. SEL.

"This is a positive step. I think that with this lawsuit, the courage has been shown and I hope the court process in this lawsuit will proceed more quickly,” Yeka said in the webinar in the Endless Controversy of the Jiwasraya Case, last Saturday, November 27.

Yeka asked all victims affected by the Jiwasraya case, including the public shareholder PT Hanson, to come report to the Indonesian Ombudsman to provide more detailed information.

“It could be from the information that comes in, the Ombudsman has a new method or improves the ways of emphasis in the report related to this complaint. We strive to receive important and strategic inputs from the community,” said Yeka.

Meanwhile, former Head of the Prosecutor's Commission, Halius Hosen, said that in the PT Hanson case, all parties must look at this process carefully. He emphasized that in fact the MYRX shares belonging to these shareholders could not be confiscated, especially since the judge later decided that the shares were related to the Benny Tjokro case and were declared as evidence that must be confiscated.

“What legal basis was used by the panel of judges at that time? If these shares are used as evidence, it must be clear what the relationship between the owners of these shares and Benny Tjokro's crime is?" Halius said.

"If this link cannot be proven, I think it would be unfair if these shares, which the Public Prosecutor could not prove as items that are an important part of the Benny Tjokro case, should be victims and be confiscated as evidence," Halius added. .

Regarding the suspension of PT Hanson's MYRX shares, Halius also doubts whether it has been submitted or proven in court that this share investment was carried out in bad faith.

Prosecutor's observer Kamilov Sagala also commented on this case. According to him, the biggest loss was experienced by the community as the public shareholder of PT Hanson, whose protection was so neglected that they are still neglected.

Kamilov reminded that in the matter of PT Hanson's shares, one cannot rely solely on legal counsel and external supervisors, it is time for experts and academics as well as various political elements such as the DPR to supervise.

"I think my friends, especially lawyers, can open a space for that, because this is not only in the interests of shareholders, but also in the interests of industry, society in the future, and also the state," said Kamilov.

He sees that there are still opportunities for legal counsel to conduct examinations or examinations as well as examinations of indictments or court decisions, but of course they must involve many parties and are not limited to certain people.

Then, Kamilov also said that with this process, the performance of prosecutors, judges and supervisors, especially the OJK and the IDX, which should be responsible, could also be examined.

“The IDX and OJK should also be indicted, because of their weaknesses, which have internal supervisors but do not function. This is evidenced by the large number of reported economic crimes that have not been completed. I'm afraid the OJK is only writing but can't do anything,” said Kamilov.

Furthermore, Kamilov also believes that if the issue of PT Hanson's public shares is not resolved properly and fairly, it will have long-lasting effects not only on the stock exchange and OJK, but will also spread to the wider community, giving rise to the perception that the current power holders will its capacity to maintain justice in law enforcement is doubtful.

"We have experienced a lot of injustice. People will eventually distrust this country because there is no justice,” said Kamilov.

Lastly, Kamilov asked the lawyers and shareholders of PT Hanson not to be provoked by divisive efforts by law enforcement so that the expected sense of justice can be realized.