After The BLBI, What Other Cases Will The KPK Stop?

Gedung KPK (Irfan Meidianto/VOI)

JAKARTA - The Corruption Eradication Commission (KPK) has officially stopped its investigation into the corruption case with the issuance of a Certificate of Settlement (SKL) for Bank Indonesia Liquidity Assistance (BLBI). Furthermore, the anti-graft commission opened up the opportunity to stop investigations into other old cases.

Through a press conference, KPK Deputy Chairman Alexander Marwata stated that the SKL BLBI corruption case involved three people, namely Sjamsul Nursalim and his wife, Itjih Nursalim and Syafruddin Arsyad Tumenggung. This is the first time that the KPK has issued a Letter of Termination of Investigation and Prosecution (SP3) in investigating a corruption case.

"We announce the termination of the investigation regarding the alleged corruption crime committed by the suspect SN (Sjamsul Nursalim) as the controlling shareholder of Bank Dagang Nasional (BDNI) and ISN (Itjih Sjamsul Nursalim), together with SAT (Syafruddin Arsyad Tumenggung) as chairman of IBRA, "Alex said as quoted from the KPK RI YouTube account, Thursday, April 1.

He explained, the termination of this investigation was based on Article 40 of the Corruption Eradication Commission Law Number 19 of 2019. As law enforcers, said Alex, of course the anti-graft commission had to obey it.

He also said that the issuance of the Letter of Termination of Investigation and Prosecution (SP3) was also carried out as a form of providing legal certainty in accordance with applicable regulations. "As mandated by Article 5 of the Corruption Eradication Commission Law, namely in carrying out its duties and authorities the KPK is based on the principle of legal certainty," he said.

As for this case, the KPK has been investigating since October 2, 2017. In fact, one of the suspects, Syafruddin Arsyad Tumenggung, who is a 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.

"The Corruption Eradication Commission concluded that the conditions for the actions of State Administrators in the case were not fulfilled while the SN and ISN suspects had the capacity to participate in the act together with the SAT as state administrators," he said.

"So the KPK decided to stop investigating the case on behalf of the SN and ISN suspects," added Alex.

Make sure you have reported the KPK Supervisory Board

Still at the same press conference, Alex emphasized that the termination of this case would have been reported to the KPK Supervisory Board. This was done before the KPK announced the issuance of SP3 against the married couple, Sjamsul Nursalim and Itjih Nursalim and Syafruddin Arsyad Tumenggung.

"Regarding reporting to the adult, we will definitely have reported regarding the issuance of SP3 and SP3 that we have published as of March 31," he said.

Furthermore, after the notification to the public has been made, the KPK will submit a letter of termination of the investigation to Sjamsul Nursalim and his wife, as well as Syafruddin.

"We will notify or deliver a letter of termination of the investigation," he said.

Open opportunities to stop other cases

Not only the SKL BLBI corruption case, the KPK also opens up the possibility to issue SP3 for other cases. The main thing is the old case where the suspect can no longer undergo examination and is not worthy of being submitted to trial.

"Of course we will look at case by case. There are several old cases and some of the suspects are no longer able to follow the examination because they are seriously ill or permanently so they do not deserve to be brought to trial," he said.

However, the KPK will not be in a hurry to stop this case. Alex said, before the SP3 was issued, of course his party would first ask for a second opinion from the doctor who stated that it was no longer possible to carry out legal proceedings.

"Later, after we get a second opinion from the doctor who states that it is impossible for the suspect to continue the investigation process, of course we will issue his SP3," he said.

"We do not want to hang someone's fate in this uncertainty and of course we will review the progress of the investigation," he concluded.