KPK Opens The Chance To Investigate Again Sjamsul Nursalim's BLBI Case

Vice Chairman of KPK Nurul Ghufron (DOC ANTARA)

JAKARTA - KPK did not close the possibility of reprocessing Sjamsul Nursalim and his wife, Itjih Nursalim in the case of alleged corruption of Bank Indonesia Liquidity Assistance (BLBI). As long as new evidence is found.

Vice-Chairman of KPK Nurul Ghufron in his statement, in Jakarta, Monday, declared a Warrant to Stop Investigation (SP3) against Sjamsul and Itjih due to corruption that is considered together with the Chairman of the National Banking Restructuring Agency (IBRA) Syafruddin Arsyad Temenggung (SAT).

"But what we need to point out is actually this that what was stopped by the KPK in SP3 against Sjamsul and Itjih Nursalim was actually an act that was considered together with the SAT," Ghufron said, as quoted by Antara, Monday, April 12.

The SP3 was issued after the Supreme Court (MA) rejected the KPK's Review (PK) of Syafruddin's cassation decision on July 16, 2020.

In the verdict of the supreme court on July 9, 2019, for the defendant Syafruddin mentioned that Syafruddin's actions were not a criminal act and released the accused from all lawsuits (onslag van alle echtsvervolging).

"If it turns out later, both KPK and the public can then make a new contribution that there are other actions other than the actions stated and have been decided by this cassation, then, in fact, this is still open as long as the construction is a single act. Not related to the SAT or any other act that is outside of what has been decided by the cassation. It needs to be on the corridor," Ghufron said.

He stated that if his agency finds new evidence of alleged corruption committed by Sjamsul and Itjih and is no longer related to Syafruddin's case, then it is open to legal proceedings again.

"That for which the case together with the SAT was stopped, but for other acts, if we found that in addition to misrepresentation there turned out to be for example a bubble, "mark up" or an increase in the value of assets separate from the actions of the SAT. It's still an open act that can be done by legal process," he said.

Ghufron also said the KPK is not limited to the principle of "ne bis in idem" or the legal principle that prohibits defendants from being tried more than once for one-act if there is already a decision that punishes or releases him.

"That is, we will not then be limited to the principle of "ne bis in idem" because his actions are separate, but if the deeds that are together with the SAT, we must respect and obey the verdict of the SAT cassation," Ghufron said.

Previously, KPK issued SP3 against Sjamsul and Itjih on March 31, 2021, in the case of alleged corruption together with Syafruddin as Chairman of IBRA in the process of fulfilling the obligations of shareholders of Bank Dagang Nasional Indonesia (BDNI) to IBRA conducted by the suspect Sjamsul as the controlling shareholder of BDNI which is suspected of harming the country up to Rp. 4.58 trillion.