MAKI Will Submit A Pre-trial Regarding SP3 BLBI, KPK: We Have Do Our Best

Corruption Eradication Commission Building (Photo of Irfan Meidianto / VOI)

JAKARTA - The Corruption Eradication Commission (KPK) appreciates the legal efforts that will be made by the Indonesian Anti-Corruption Society (MAKI) which will file a pretrial. This submission was made after the issuance of a Corruption Cessation Order (SP3) related to the Certificate of Settlement (SKL) of Bank Indonesia Liquidity Assistance (BLBI).

"The KPK appreciates the efforts that will be made by a number of parties including MAKI because the legal provisions stipulate this," said Acting KPK spokesperson for prosecution Ali Fikri quoted on Saturday, April 3.

Even so, he emphasized that the issuance of SP3 was in accordance with the applicable legal regulations or the KPK Law Number 19 of 2019. In addition, this decision was based on the final decision of the Supreme Court (MA) in the case of former IBRA Chairman Syafruddin Arsyad Tumenggung who stated that this case not a criminal act but a civil act.

"The Corruption Eradication Commission has tried its best until then it was also filed for extraordinary legal remedies for judicial review (PK) and was rejected by the Supreme Court," he said.

Thus, the element requirements for the existence of state officials' actions are not fulfilled. "While SN (Sjamsul Nursalim) and ISN (Itjih Nursalim) as people who participated in the act together with SAT as state administrators, for the sake of legal certainty the KPK stopped investigating the case in question," he said.

As for this case, Sjamsul Nursalim and Itjih Nursalim were named suspects because they were suspected of enriching themselves in the BLBI case which cost the state up to IDR 4.58 trillion. Sjamsul is the controlling shareholder of Bank Dagang Nasional Indonesia (BDNI).

Previously reported, 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.

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.