Legal Counsel: The 1997 Sea Games XIX Bailout Is Not The Responsibility Of Bambang Trihatmodjo

Bambang Trihatmodjo and his attorney, Hardjuno Wiwoho. (Photo: Special)

JAKARTA - The Supreme Court (MA) rejected the appeal filed by Bambang Trihatmodjo against Finance Minister Sri Mulyani Indrawati in the 1997 SEA Games XIX bailout case. Bambang Trihatmodjo's attorney Prisma Wardhana Sasmita respects the Supreme Court's decision.

This is part of the process of seeking justice comprehensively by looking at the juridical, sociological and philosophical, objective and wise sides. He emphasized that the Minister of Finance Decree No.108/KM.6/2020 dated 27 May 2020 concerning "The stipulation of the Extension of the Prevention of Traveling Outside the Territory of the Republic of Indonesia against Bambang Trihatmodjo as Chairman of the Consortium of Partners Organizing the Sea Games XIX Year 1997 in the Framework of Managing State Receivables" had indeed not applicable.

This was emphasized by the panel of judges who had stated that the object of the dispute was no longer valid so that it was null and void and had no binding power. In addition, the party responsible for the Sea Games XIX receivables is PT Tata Insani Mukti (PT TIM) as the implementing legal entity for the Sea Games XIX Organizing Partner Consortium (KMP) and not Bambang Trihatmodjo.

"KMP Sea Games XIX in 1997 was not directly related to Bambang Trihatmodjo," said Prisma in a press statement in Jakarta, Monday, February 21.

Bambang Trihatmodjo's position at PT TIM as President Commissioner and not a shareholder. This is reinforced by the Notary Deed No.19 dated March 2, 1998 made by a Notary in Jakarta, P Sutrisno A. Tampubolon, SH regarding the Minutes of the Meeting of PT. TEAM. Therefore, holding Bambang Trihatmodjo to account legally is clearly wrong.

"The shares of PT TIM as KMP Sea Games XIX in 1997 in Jakarta are owned by PT Perwira Swadayatama owned by Bambang R Soegomo and PT Suryabina Agung owned by Enggartiasto Lukita," he explained.

He admitted, holding the XIX Sea Games was very difficult in terms of costs because Indonesia suddenly became the host replacing Brunei Darussalam. The cost of organizing a sporting event which was originally requested by Kemenpora/KONI was around Rp. 70 billion and then it swelled to Rp. 156.6 billion. Meanwhile, on the other hand, the state did not have a budget allocation from the APBN side at that time.

"For the 1997 Sea Games, the state did not spend money because there was no budget in the state budget," he said.

However, Bambang Trihatmodjo with a professional spirit continued to provide the best support in the process of organizing the XIX/1997 SEA Games in Jakarta for the good name of the nation and state.

"This is an Emergency Sea Games because of the change of host to Indonesia from Brunei Darussalam, so there is no funding allocation," he explained.

Because there was no funding from the state budget, a private consortium was formed to help fund the event, namely KMP Sea Games XIX, 1997. This was stated in Presidential Instruction (Inpres) Number 5 of 1996 concerning the Implementation of the 1997 Sea Games XIX in Jakarta.

"Therefore, I ask that the issue of the 1997 Sea Games bailout be viewed wisely and comprehensively, not only from one side. This is the only Sea Games that uses the Presidential Instruction Fund," he said.

He explained that organizing the Sea Games was of national interest. A private consortium that is willing to raise funds for the implementation of Rp. 70 billion, as stated by KONI and the Ministry of Youth and Sports at the time.

The existence of a lack of funds of Rp. 35 billion was a sudden thing that was asked by KONI to coach athletes at that time. Even the KPM Sea Games XIX report, this event spent Rp. 156 billion of which the excess was borne by KMP Sea Games XIX.

The loan for the purposes of the SEA Games XIX was given for the purposes of this sporting event. However, until now, the problem of borrowing funds to the government through the State secretariat which was used to finance the 1997 Sea Games XIX has not been resolved as planned.

The term of the loan was valid from 8 October 1997 to 8 October 1998. However, on 20 May 1998 there was a political change in Indonesia where President Suharto stepped down. This had a major influence on the process of completing the 1997 Sea Games XIX.

In fact, based on a valid report on the results of the 1997 KMP Sea Games XIX examination in Jakarta issued by a designated public accountant, namely KPMG Hanadi Sudjendro & Partners, it was stated that the funds issued by the 1997 KMP SEA Games XIX in Jakarta amounted to Rp. 156.6 billion.

From that figure, the cost of organizing the 1997 Sea Games XIX in Jakarta was Rp. 121.6 billion and the cost of preparing the Indonesian contingent was Rp. 35 billion. The total borne by PT TIM as the legal subject of the 1997 KMP Sea Games XIX in Jakarta swelled to Rp156.6 billion.

So there was a bailout made by KMP Sea Games XIX 1997 in Jakarta (PT Tata Insani Mukti) which the difference was Rp. 51.6 billion.

This has been reported as part of the activity accountability report by PT Tata Insani mukti as KMP Sea Games XIX to the Ministry of State Secretariat, Ministry of Youth and Sports and KONI since 1998. The private consortium has provided accountability reports to the Ministry of Youth and Sports, KONI and the Ministry of State Secretariat after the event was held.

"The loan is purely for the interest of the state in the implementation of the XIX Sea Games, not for the benefit of the private consortium let alone personal interest, especially Mr. Bambang Trihatmodjo," he explained.

He confirmed that the source of funds for the 1997 Sea Games XIX issued by the Ministry of State Secretariat was administratively state finances that did not come from the Indonesian State Budget. But it comes from the Reforestation fund at the Ministry of Forestry (Kemenhut).

"It is hoped that the internal government, State Secretariat and the Ministry of Forestry can be resolved by consolidating internal finances between government agencies," he added.

He said the organizers had provided an official report on the results of the Sea Games XIX/1997 in Jakarta by KPM Sea Games to the Ministry of Youth and Sports and a letter requesting the cancellation of the Consortium loan.

Even from 1998 to 2006 without any billing confirmation until 2017. However, it was only on January 19, 2017 through letter number B-76/Kemensetneg/SES/PW.01.02/01/2017 that a letter was sent to the Chairperson of KMP Sea Games XIX/ 1997 regarding the discussion of receivables on loans to KMP Sea Games XIX 1997 in Jakarta.

"Mr. Bambang has also taken legal action against his rights to the 1997 KMP Sea Games XIX in Jakarta with a civil case decision no.159/Pdt.G/2021/PN.Jkt.Sel dated April 13, 2021, in this case to PT. Tata Insani Mukti, who was represented by the Chairperson of the KMP Sea Games XIX 1997 in Jakarta," he explained.

Meanwhile, another attorney, Hardjuno Wiwoho, questioned the political motive behind this bailout case. Because this sports party was held in 1997. In fact, an accountability report for this activity has been submitted.

"But strangely, why is it only 2017 being questioned? This is a 1997 sports party," asked Hardjuno.

Hardjuno hopes that the billing for the 1997 KMP Sea Games XIX will be completed wisely and elegantly considering that the sporting event is in the interest of the Republic of Indonesia.

"Observed from a philosophical, sociological and political perspective, not only purely juridically. For this reason, the legal search process must also be seen progressively by daring to make breakthroughs in implementing law in Indonesia and not only be shackled by positivistic and legal analytical thoughts," he concluded.