Legal Expert: Case Of Misappropriation Of ACT Funds Due To Lack Of Supervision

JAKARTA - Money laundering criminal law expert Yenti Garnasih regrets the lack of supervision that led to the misappropriation of funds by the Aksi Cepat Tanggap (ACT) foundation.

"Yes, we regret it. We have to see which institution should control it," Yenti said as quoted by ANTARA, Tuesday, July 26.

According to Yenti, there are overlapping laws in Indonesia that make supervision or control of an institution or organization not optimal.

On the one hand, ACT already has a Money and Goods Collection (PUB) permit from the Ministry of Social Affairs through the Decree of the Minister of Social Affairs Number 239/HUK-UND/2020 for the general category.

Meanwhile, according to him, in general, all fundraising activities must clearly have a permit from Bank Indonesia or currently the Financial Services Authority (OJK).

"The laws in Indonesia must be mutually harmonized and synchronized," he added.

With this case of misappropriation of funds, Yenti said again, it is necessary to find out who exactly is the institution that should control the collection of funds by ACT. So that in the future the same case will not happen again.

In early July, the Center for Financial Transaction Reports and Analysis (PPATK) issued analysis results that found misappropriation of donated funds and indications of the use of funds to fund illicit activities.

The alleged misappropriation of funds sent abroad should be investigated immediately, said Yenti, because it is included in money laundering.

The chairman of the Indonesian Criminal Law and Criminology Society also regrets that ACT as a humanitarian institution has harmed people's good intentions for charity.

"In this way, people will lose one value, namely sharing," he added.

In addition to embezzlement and money laundering, Yenti believes there are allegations of fraud committed related to Boeing's CSR funds that were used not according to their designation.

Therefore, Yenti asked, it is better to reform all regulations, including supervision of periodic audits and review the rules for raising funds that are not based on the banking law.

In addition, regulatory reforms related to implementing regulations, supervision, cyber patrols for illegal levies, and most importantly, according to Yenti, the existence of periodic reports that are opened to the public, so that the public knows from time to time, the funds are used to whom, for whom. and from anywhere

On Monday (25/7), the Directorate of Special Economic Crimes (Dittipideksus) of the Criminal Investigation Unit of the Indonesian National Police has named four people as suspects. The four suspects are A as the Chairperson of the ACT Trustees, IK as the Foundation's administrator, HH and NIA as members of the coaches.