KPK Stops BLBI Case, Famous Lawyer Prof. Otto Hasibuan Appreciates Firli Bahuri Et Al

KPK Building (VOI)

JAKARTA - The KPK has stopped investigating the Bank Indonesia Liquidity Assistance (BLBI) certificate of payment (SKL). Sjamsul Nursalim's lawyer, Otto Hasibuan, appreciated the KPK led by Firli Bahuri.

"That we welcome and express our appreciation to the KPK for its decision to stop investigating the case against our client on the suspicion of committing a criminal act of corruption together with Syafruddin Arsyad Temenggung (SAT) regarding the client's fulfillment of the Bank Indonesia Liquidity Assistance (BLBI) obligation," he said. Otto Hasibuan in a written statement to VOI, Thursday, April 1.

Otto Hasibuan said that the KPK's decision was very appropriate and in accordance with the law because with the release of Syafruddin Arsyad Temenggung (SAT) from all lawsuits (onslag van alle rechtsvervolging). This is based on the Supreme Court Cassation Decision No. 1555 K / Pid.Sus / 2019 which has permanent legal force, so there is no legal basis to continue investigating Sjamsul Nursalim's client.

"That the client's case related to the settlement of Bank Indonesia Liquidity Assistance has been going on for more than 20 years, so legally it should have expired. The client has been declared to have fulfilled its obligations several times by the Government of the Republic of Indonesia, but it is still being questioned so there is no guarantee of legal certainty, "continued Otto Hasibuan.

For Sjamsul Nursalim's team of lawyers, the KPK's decision to stop the BLBI case being investigated since the Antasari Azhar era provided fresh air in law enforcement by the KPK in Indonesia.

"Especially in guaranteeing legal certainty," continued Otto Hasibuan.

Previously, KPK Deputy Chairman Alexander Marwata confirmed that his party had reported the termination of the investigation into the alleged corruption in the issuance of a Bank Indonesia Liquidity Assistance Certificate (SKL) to the Supervisory Board.

This reporting, he continued, was carried out before the KPK announced the issuance of the Letter of Termination of Investigation and Prosecution (SP3) against the married couple, Sjamsul Nursalim and Itjih Nursalim and Syafruddin Arsyad Tumenggung.

"Regarding the report to the adult, we will definitely have reported regarding the issuance of SP3 and SP3 that we have published as of March 31," Alex said in a press conference broadcast on the KPK RI YouTube account, Thursday, April 1.

Furthermore, he also said that the KPK would also submit a letter of terminating the investigation to Sjamsul Nursalim and his wife, as well as Syafruddin.

"Of course we will notify or deliver a letter of termination of the investigation," he said.

Previously reported, the KPK announced that it would stop investigating the corruption case regarding the issuance of SKL BLBI which charged three people as suspects, namely the controlling shareholder of Bank Dagang Indonesia (BDNI), Sjamsul and Itjih Nursalim and former Chairman of IBRA Syafruddin Arsyad Tumenggung. This is based on the provisions in the KPK Law Number 19 of 2019 Article 40.

In addition, the issuance of this letter is also a form of providing legal certainty in accordance with applicable regulations.

In this case, the KPK has been investigating since October 2, 2017. At that time, one of the suspects, Syafruddin Arsyad Tumenggung, who was the former chairman of IBRA, had undergone a first instance court. Furthermore, in accordance with decision Number 39 / Pidsus-TPK / 2018 / PN.JKT.PST, Syafruddin was sentenced to 13 years in prison and a fine of IDR 700 million.

However, he appealed to the High Court and finally his sentence became 15 years and a fine of Rp1 billion. Not receiving it, Syafruddin then submitted an appeal to the Supreme Court.

Then, on July 9, 2019, the Supreme Court granted Syafruddin the appeal that canceled the verdict at the previous court. Even though he has submitted a review, the application was rejected.

Furthermore, from the existing decision the KPK then asked for the opinion and statement of a criminal law expert and in essence, it was concluded that there were no more legal remedies that could be taken by the KPK.

Therefore, based on Article 11 of the Corruption Eradication Commission Law Number 19 of 2019, the KPK concluded that the conditions in this case were not fulfilled.