Dismissal Of TransJakarta Managing Director And Self Defense Donny Saragih

Agung Wicaksono and Donny Saragih (Special)

JAKARTA - Just four days in office, Donny Saragih was removed from the Managing Director of PT Transjakarta. Donny was removed because he was proven to have been convicted of a fraud case. The document falsification case occurred when Donny served as operational director of the bus company PT Eka Sari Lorena Transport, in 2017.

On Saturday, January 25, 2020, BP BUMD received a report on Donny Saragih's legal status, then verified it and it was proven that the report was correct. On Monday morning, 27 January 2020, a decision to cancel the decision of the shareholders was immediately carried out outside the General Meeting of Shareholders on 23 January 2020.

Head of BP BUMD DKI, Faisal Syafruddin, stated that Donny was proven to have stated things that were not true for his interests in following the selection process as BUMD Directors.

Based on Government Regulation Number 54 of 2017 concerning Regional Owned Enterprises (BUMD) and Governor Regulation Number 5 of 2018 concerning Procedures for Appointing Directors, each candidate for directors must take a Competency and Expertise Test and must be proven "Capable of Conducting Legal Actions" by making a Statement Letter Capable of Doing Legal Actions.

In this procedure, Donny even made a statement signed by the person concerned that he had never been punished (item 2 of the Statement Letter). "However, the statement was not in accordance with the actual conditions," said Faisal in a written statement, Monday, January 27.

Therefore, BP BUMD canceled the decision of the shareholders outside the GMS on January 23, 2020 and appointed Yoga Adiwinarto as Acting President Director of PT Transjakarta.

Separately, Donny claimed that he had resigned as Managing Director (Dirut) of Transjakarta before his position was canceled by shareholders outside the Transjakarta GMS. "I sent a message to Pak Amin that I resigned. From noon (today) I have resigned," said Donny when confirmed.

Donny felt that he did not violate the Rules and Pergub for the appointment of BUMD leaders. In his opinion, the legal action referred to in the regulation is that it has been proven to have manipulated the BUMD or BUMN budget, while the case that caught him was not related to that.

"Nothing was violated at the time of recruitment. All the points in the Pergub, nothing was violated. I am not a problem of money. What is in the Pergub is if it is incompetent and will be punished for financial problems of BUMN or BUMD, you know. I'm not a money problem, "he said.

However, he still decided to resign because he admitted that he was not strong with various pressures. Apart from that, he also does not want to damage the image of DKI Jakarta Governor Anies Baswedan. "Because I may not be strong about those kinds of things. I am a working person, not a political person. Instead of ruining the governor's order, right. There must be a gentleman. Someone has to give in. And I gave in for continuity and comfort," he explained. Donny.

Donny said that the case of document forgery which resulted in a crime was only a setting. This case originated from the engineering of state documents to obtain an initial public offering (IPO). Donny admitted that there were people who claimed to be officers of the Financial Services Authority (OJK) who extorted a sum of money to be paid by Lorena.

"They know there is a fake document, and immediately take advantage of it. That is what was created so that all looks to make blackmail (threat of extortion) stop," said Donny.

Chairman of the Indonesian Ombudsman Representative of Greater Jakarta, Teguh Nugroho, suspects that the DKI Jakarta Provincial Government has committed maladministration in appointing Donny Saragih as Managing Director of TransJakarta. "Based on public consultations regarding the appointment of the TransJakarta Director, we are tracking suspected maladministration," said Teuh when contacted, Monday, January 27.

Based on the case records number 490 / Pid.B / 2018 / PN Jkt.Pst on the Central Jakarta District Court website, on August 15 2018 Donny and his colleague Andi Tambunan were guilty of extortion and threats. They are subject to criminal sanctions in Article 378 in conjunction with Article 55 paragraph (1) 1 in conjunction with Article 64 paragraph (1) of the Criminal Code.

The Central Jakarta District Court Judge sentenced Donny and Andi to one year in prison and determined that the Defendants would remain in city custody. It did not stop there, the Public Prosecutor in this case, Priyo W filed an appeal. As a result, on October 12 2018, the DKI High Court upheld the Central Jakarta District Court's decision and determined that the two of them remained in detention.

Donny and Andi did not receive the appeal verdict. They filed an appeal to the Supreme Court. On February 12, 2019, the panel of judges rejected Donny and Andi's appeal. In fact, the Supreme Court judge gave him a prison term of up to two years and charged Donny and Andi to pay court fees at the cassation level of Rp2,500 each.