Issue SP3 For BLBI Case, KPK Will Be Sued By MAKI

Illustrations (Irfan Meidianto / VOI)

JAKARTA - The Indonesian Anti-Corruption Society (MAKI) will file a pretrial against the Corruption Eradication Commission (KPK). This was done after the anti-money commission issued a Letter of Termination of Investigation and Prosecution (SP3) for a corruption case issuing a Certificate of Settlement (SKL) for Bank Indonesia Liquidity Assistance (BLBI).

"MAKI will sue pretrial against the KPK to cancel SP3 in the case of suspected BLBI corruption suspects Sjamsul Nursalim and Itjih Nursalim," said MAKI Coordinator Boyamin Saiman in a written statement, Friday, April 2.

The lawsuit is planned to be filed at the South Jakarta District Court at the end of April. Boyamin explained, there were three reasons MAKI filed a pretrial lawsuit related to this case.

First, he said, the reason the KPK issued SP3 was because there were no more state administrators after the former Head of IBRA, Syafruddin Arsyad Tumenggung, was declared free by the Supreme Court (MA). According to Boyamin, based on the indictment, Syafruddin was co-charged with former Coordinating Minister for the Economy Dorodjatun Kuntjoro Jakti.

"It is very concerning that the KPK forgets the memory of the indictment that was prepared and submitted to the Central Jakarta Corruption Court in 2018," said Boyamin.

Next, Boyamin assessed that Syafruddin's acquittal could not be the basis for the issuance of SP3. This is because Indonesia adheres to a continuous criminal law system inherited from the Netherlands which does not apply a jurisprudence system. "This means that a decision on someone does not automatically apply to other people," he said.

Finally, MAKI also won the SP3 pretrial against the Attorney General in this case. Where the verdict states that the return of state losses does not erase the crime of corruption.

"The considerations of the pretrial judges will be used as the basis for the pretrial proposed by MAKI," he said.

Furthermore, MAKI also felt that the justice of society was hurt by the existence of SP3 against the husband and wife couple, Sjamsul Nursalim and Itjih Nursalim. Because, both of them have been one of the KPK's fugitives and are known to be in Singapore.

"The KPK should have continued to propose SN and ISN suspects to the Corruption Court in Central Jakarta with syntem in absentia or a trial without the presence of the defendants. Because so far SN and ISN have fled and the KPK has pinned the status of the People Search List (DPO) for the two suspects," he said Boyamin.

Previously reported, the KPK officially stopped the investigation into the corruption case in the issuance of a Bank Indonesia Liquidity Assistance Certificate (SKL). 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.