Panel Of Judges Asked To Be Fair Regarding Confiscation Of WanaArtha's Account

Illustration. (Photo: Unsplash)

JAKARTA - The confiscation carried out by the Attorney General's Office (AGO) of the WanaArtha Sub Securities Account (SRE) became a polemic. WanaArtha Life's customers as well as policyholders feel their rights are being taken away.

Defendant Benny Tjokrosaputro also admitted that the account did not belong to him. Various parties, therefore, reminded the AGO not to arbitrarily confiscate. At the same time, the panel of judges was asked to be careful and fair in looking at the facts of the trial regarding the evidence in this case that caught our attention.

The head of the Prosecutorial Commission (Komjak), Barita Simanjuntak, asked the panel of judges to look at the case fairly. Legal facts and events, including testimony from witnesses, both mitigating and incriminating, as well as pledoi by the accused and legal advisers must be taken into consideration.

"This (the confiscation of WanaArtha's account and others) includes what part will be decided. Due to the blocking or the prosecutor's legal action, the judge will see it later. Is it true state money or Jiwasraya or money from other parties? by judges, "said the head of the Prosecutor's Commission, Barita Simanjuntak, in a statement received on Monday, October 26.

He said the prosecutor was also responsible for proving what he had done in the investigation. Barita emphasized that what the prosecutor did must be in accordance with legal procedures.

"So the assumption that says it is not state money but customer money, in the courtroom that determines the law," he explained.

He further said that the Prosecutor's Commission would monitor the proceedings of the trial. Moreover, it is acknowledged that there have been reports of customers who felt they were treated unfairly over the blocking of WanaArtha's SRE, where there were "rights" of the customers in the account.

As for the aftermath of the blocking, the customer's premium funds cannot be disbursed until then. Hundreds of WanaArtha Life policy holders have also staged an action demanding the Attorney General's Office to unblock the block.

In addition, at the trial, the defendant Benny Tjokrosaputro admitted that he had nothing to do with WanaArtha. The Attorney General's Office of the Attorney General's Office of the General Prosecutor's Office of the General Prosecutor's Office, to associate his name with WanaArtha. Regarding this, the Prosecutor's Commission is also observing.

His party assessed that the prosecutor had to prove according to his demands, including whether Jiwasraya's state money or who. On the other hand, the defendant would of course say mitigating things to help him escape from the trap of the law. The judge will test all of them later.

Meanwhile, an expert on Criminal Law from the Islamic University of Indonesia, Prof. Muzakir reminded that the Attorney General's Office could not confiscate it carelessly. Confiscation can only be made of property used or proceeds of crime.

"All property or objects that are not related to crime must be returned to the owner," Muzakir explained.

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He also explained that, as a third party, the account owner (customer) could object to having his account blocked before the prosecutor filed a lawsuit or after the judge ruled, or file a civil suit to the court.

Prove it to the Public

Regarding the same matter, ICW researcher, Tama S Langkun said that the prosecutor has an obligation to prove to the public through a judicial process that it is carried out according to procedure.

"If the prosecutor includes this as evidence, of course the prosecutor has the authority to prove it in court," he said.

According to him, because the trial was still in progress, these evidences would of course be used as evidence in court. However, he emphasized that the pledoi was the right of the defendant to defend. Is it true that the evidence is related to the case, the court will determine it.

"We'll just wait for the proof," he added.

Previously, in the pledoi or defense note read out at the trial, last Thursday, October 22, the President Director of PT Hanson International Tbk, Benny Tjokrosaputro denied the prosecutor's statement linking him to WanaArtha.

It was said that the owner of PT Hanson International with the ticker code MYRX did not own WanaArtha Life shares. He also admitted to being a victim of a conspiracy by the Public Prosecutor (JPU).

Many of the accusations and demands addressed by the prosecutor are completely baseless. Some of the charges by the public prosecutor are considered to be wrong, such as the perpetrators of the LCGP share transaction were not nominees, one of which was WanaArtha.

Benny Tjokro admitted that he was not the owner. The prosecutor is accused of manipulating the facts.

He questioned the demand for life imprisonment. According to him, the facts at the trial could not be proven that Benny Tjokro controlled or controlled Jiwasraya's investments, both in equity funds and in the stock transactions they had traded.

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