Legal Expert The Value Of Actions To Obstruct The Peace Process Of KSP Indosurya Members Is Excessive

Illustration. (Photo: Pixabay)

JAKARTA - The Central Jakarta District Court has issued a Homologation / Peace Decision Number. 66 / PDT.SUS-PKPU / 2020 / PN.Niaga.Jkt.Pst dated 17 July 2020. The verdict legally affirms the peace between the Indosurya Cipta Savings and Loan Cooperative (KSP) and all creditors (whether participating in the PKPU Process or not) has been binding (Vide Article 286 of Law Number 37 Year 2004 concerning Bankruptcy and PKPU).

Consequently, members and the public in general must be willing to obey the decision. Therefore, demonstrations and pressure on the Police to investigate the KSP Indosurya case, even with the appearance of making fun of it, were acts outside the corridor of law and tended to disturb the parties involved in carrying out the court's decision.

The focus of attention now is the commitment to implement the decision. This was stated by legal experts regarding the homologation decision of the KSP Indosurya with its members.

"Excessive demonstrations, tend to be anarchic, and attack the image of the officers cannot be tolerated. If not, then take other legal measures," said legal expert from Borobudur University, Faisal Santiago, in his statement, quoted Wednesday, December 23.

He made this opinion because later, there were parties claiming to be part of the Indosurya KSP members who held a demonstration while accusing the Police of having little guts for not having the courage to be firm in investigating KSP Indosurya. Apart from demonstrating, acts of making fun of the Police were also broadcast on social media.

Al Azhar University criminal law expert, Suparji Ahmad has a similar opinion. He considered that the various demonstrations would not change the court's decision regarding the peace / homologation of the Indosurya KSP members.

"The demonstration should not be necessary because there is already a court decision," he said.

So far, he considered that the good faith of the Indosurya KSP should be carried out properly. And if there are still parties who are not satisfied, then hold demonstrations to spread slander and accusations, according to him, it is appropriate to take firm action.

"Yes, the demonstrators should be put in order," he concluded.

A similar view was conveyed by researcher of the Indonesian Center for Law and Policy Studies, Muhammad Faiz Aziz, who asked all parties to follow the process that had been decided and not interfere with the implementation of the peace agreement / PKPU. So, he said, demonstrations and other legal measures were no longer necessary.

"Actually, PKPU aims to provide leeway and space for debtors, in this case KSP Indosurya, to pay back its members' funds gradually," said Faiz.

Trisakti University Criminal Law Expert, Abdul Fickar Hadjar further explained that the court's decision regarding the homologation of the Indosurya KSP was binding and coercive. Thus, it cannot be defeated by other actions including demonstrations. "So, only the court's decision can beat him. Homologation is peace, "he said.

Investigator Authority

Regarding the steps taken by the National Police, the Commissioner for National Police, Poengky Indarti, is of the opinion that investigations, regardless of their form, are the absolute authority of investigators based on article 21 paragraphs (1) and (4) of the Criminal Procedure Code. "The most important thing is how the police can carry out their duties properly in handling and processing reports," said Poengky.

He also admitted that Kompolnas had not received any complaints regarding the Indosurya case. "So information related to Indosurya is only obtained from the media," he said.

And, if the media reports that there is a homologation / peace court decision and Indosurya has started to pay customer funds, then in his opinion the peace decision is final.

"We hope that all customer funds can be paid," he said.

Previously, the attorney for KSP Indosurya Hendra Widjaya stated that the appeal submitted by members who objected to homologation had been rejected by the Supreme Court. Hendra revealed that he had received the verdict on January 27, 2021. The letter from the Commercial Court at the Central Jakarta District Court has delivered notification and submission and a copy of the Supreme Court decision No. 1348A / pdt.sus-bankrupt / 2020 jo. No. 66 / pdt.sus-pkpu / 2020 / Pn.niaga.jkt.pst.

"The Supreme Court has rejected the appeal for cassation due to a number of considerations," he said.

One of the considerations in the case was based on the decision to ratify the peace by the Commercial Court at the Central Jakarta District Court. In this case, it is not against the law or statute.

In accordance with the court's ruling, KSP Indosurya remains committed to carrying out its obligations.

"In accordance with the homologation decision," said Hendra.