Attorney General's Office Calls Judge Erroneous In Applying Law In Indosurya Case

UNSPLASH ILLUSTRATION

JAKARTA - The Attorney General's Office (Kejagung) in the memory of the cassation submitted to the Supreme Court (MA) for the acquittal of the defendant Henry Surya (HS) in the Indonsurya Savings and Credit Cooperative (KSP) case said the panel of judges was wrong in applying the law.

"The panel of judges in deciding the case did not apply legal regulations as they should," said Head of the Attorney General's Legal Information Center (Kapuspenkum) Ketut Sumedana in a written statement reported by ANTARA, Monday, January 30.

Sumedana said the release decision by the West Jakarta District Court was not in line with the demands of the public prosecutor. A number of facts were also presented as consideration for submitting a cassation memorandum to the Supreme Court.

He explained, among these facts, KPS Indosurya has 23 thousand customers. Then collect customer funds until IDR 106 trillion is collected. However, the audit results revealed that there were 6,000 customers whose money was not paid and did not return, with customer losses of IDR 16 trillion.

"The collection of funds was carried out illegally by exploiting weaknesses in cooperative law as an excuse to profit from society," he said.

Not only that, KSP Indosurya does not have legal standing as a cooperative, because it has never held a member meeting. Then, members who are directors do not have a membership card and are never involved in making decisions such as the distribution of dividends or the remaining results of operations each year.

Apart from that, the products sold are not in accordance with banking regulations, such as time deposits whose deposit values ​​start from IDR 50 million to an unlimited amount with the lure of interest of 8.5 percent to 11 percent.

"This is not in accordance with Bank Indonesia regulations," said Ketut.

Another consideration, KSP Indosurya also expanded its territory by opening two head offices and 191 branch offices throughout Indonesia without notification to the Ministry of Cooperatives and SMEs and unknown to members. This effort was solely carried out on orders from Henry Surya, assisted by June Indira and Suwito Ayub, as KPS Indonsurya administrators.

After the customer's money returned from 2021 to 2020, said Ketut, on Henry Surya's orders, some of the funds were channeled to 26 shell companies owned by the suspect Henry Surya and the rest were given assets in the form of land, buildings, and cars in their own names and on behalf of PT Sun Internasional. Capital.

"The actions of the defendants under the pretext of forming a savings and loan cooperative were solely to trick the public into making KSP Indosurya's collection of money appear to be for the interests and welfare of the members," he said.

In fact, continued Ketut, this act was carried out to avoid supervision by Bank Indonesia (BI) and the Financial Services Authority (OJK), as well as to avoid the licensing process for raising public funds through BI.

Therefore, said Ketut, the application of civil law in the Indosurya case is far from a sense of justice and seriously injures the people who are victims of fraudulent investments, because all victims have never felt they are members of a cooperative but rather have become victims of fraudulent investment fraud.

"Because there were no civil acts at all committed by Henry Surya and his friends, they took advantage of legal loopholes by using trickery, deceiving victims, in this case, customers under the guise of cooperatives, as if all activities were legal," said Ketut.

Previously, a panel of judges at the West Jakarta District Court had acquitted two senior officials of the Indosurya Savings and Credit Cooperative (KSP) in the case of fraud and embezzlement of KSP Indosurya funds. They are the owner and founder and Chairman of KSP Indosurya Henry Surya and Head of Administration of KSP Indosurya June Indria.