JAKARTA – A number of facts in the Jiwasraya case that were ignored in court have begun to be revealed to the public. The condition of the Meraitu plate insurance company only worsened in October 2018, or in the era of the leadership of Hexana Tri Sasongko, the former President Director.
According to Heru Hidayat's attorney, Kresna Hutahuruk, when announcing the default, Jiwasraya's total investment assets were around Rp32 trillion.
"And the arrears amounted to Rp802 billion. However, the new directors (Hexana) at that time did not save the payment, instead announcing a default, which resulted in the value of the shares owned by AJS dropping," Kresna said in a webinar in Jakarta, Saturday, July 10 yesterday.
He also emphasized that his client is only someone who owns shares in several companies, just as Jiwasraya invests in more than 100 shares.
According to the prosecutor's office, they only recorded people's assets and then they said they were enriching themselves, as if people shouldn't have money from their own sweat. In fact, in the trial, he said, the Public Prosecutor could not prove that Heru Hidayat's funds or money had flowed to the other suspects.
"How can a good intention to save Jiwasraya even be said to be against the law. Even though all these actions are the goal to save Jiwasraya," he said.
While the Professor of the Faculty of Law Unair, Prof. Dr. Lucianus Budi Kagramanto assessed that law enforcement in the Jiwasraya and Asabri cases was not in accordance with the spirit of law enforcement related to the Criminal Code, Criminal Procedure Code and the Anti-Corruption Law. Especially regarding the determination of state losses.
"This has to be clarified, yes, because for me I am still very doubtful. Is it true that what was done caused losses to the country in the end," said Budi.
If it is true that there is a default by insurance, he continued, then the Jiwasraya and Asabri cases are actually in the civil realm, not in the criminal realm.
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"Because this is related to what is called the capital market, yes. Then the determination of the value of losses in this case and the decline in the value of shares owned by Asuransi Jiwasraya and Asabri are actually included in the study of civil law," he said again.
He also questioned the legal basis used by the Attorney General's Office in confiscation, blocking, confiscation of assets that are not related to corruption cases.
"It's actually for what, for whose interests, it's not clear. Can such procedures be justified by law? The prosecutor's office should not be a state instrument for forced convictions," he said.
This business economics law expert also sees that the impact of law enforcement carried out by the Attorney General's Office seems careless. Including not understanding the basics of high risk high return stock investments.
As a result of the careless handling of the Asabri-Jiwasraya case, eventually foreign and domestic investors became hesitant to invest in Indonesia.
"Of course this disrupts economic stability in the long term because there is no guarantee of legal certainty for investors. Because this case is a legal business judgment, namely the business judgment rule," he said.
Likewise, the attorney for PT TRAM and PT JBU, Haris Azhar, said that the handling of the Jiwasraya-Asabri case was a crime using a law enforcement process.
"If I say this is a crime by using legal process facilities or state instruments," said Haris.
According to him, the use of power in the name of the legal process carried out by the Attorney General's Office actually creates a lot of losses.
"In the military there is an order called the command who really enjoys, enjoys all the criminal processes under the guise of law enforcement. Obviously criminalization," he said.
"So actually the payment failed because of the Attorney General's Office. If I were the owner of the Jiwasraya police at that time or today I might have reported it to Prophet Musa and even to God, the behavior of the Attorney General's Office." he added.
He also considered that there was a political element in the law enforcement process in the Jiwasraya-Asabri case.
"I'm not saying this is a legal process, but it has indeed led to asset games. And there are quite a number of asset game crimes allegedly committed by officials at the Attorney General's Office. I have a lot of data on that," he said.
Haris added that the prosecutor's argument for auctioning the assets confiscated in the Asabri case using Article 45 of the Criminal Code was very arbitrary. And the process being carried out by the Adhyaksa corps, he said, is a process of destroying people's businesses by seizing their assets.
"So, in my opinion, the Attorney General's Office has betrayed the people's trust, so it is very natural that today many people are screaming for the Attorney General to be replaced and asking the President to just stop, because no one can be trusted in this country anymore," he said.
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