The allegation of falsification of letters and the deed of establishment of cooperatives carried out by the Indosurya Savings and Loan Cooperative (KSP) was denied by Henry Surya. As soon as he was accused of carrying out a Ponzi scheme in running the KSP Indosurya business which was pinned to the founder of KSP Indosurya, it was unreasonable.
Attorney for the Savings and Loans Cooperative or KSP Indosurya Soesilo Aribowo said, various accusations against his client, in a new criminal case that was suspected, were odd and nebis in idem or the same as the previous criminal case.
He also said that during the operation of KSP Indosurya, it was clear that many members received benefits. His party as a legal advisor also regretted that many voices and opinions in the public sphere accused his client, without being accompanied by data and understanding of the case position.
"Moreover, the KSP Indosurya Cipta which was founded at the end of 2012 and experienced default in 2020, the incident lasted for 8 years, and did not deny that there were members of the cooperative who made profits. So it feels inappropriate if the Ponzi scheme is implemented in the management of KSP Indosurya Cipta," said Soesilo in his statement, Friday, March 17.
Therefore, regarding the determination of the suspect against Henry Surya, with the suspicion of Articles 263 and 266 of the Criminal Code in the cooperative's establishment relationship, he sees it as an irregularity. The reason is that the cooperative's deed problem has been completed and the evidence is in court, in Case Number: 779/Pid.B/2022/PN.Jkt.Brt.
"Therefore, if the police/Investigators then question it substantially, then they have fulfilled the principles of Nebis in Idem (cases with objects, parties and subject matter of the same case and have permanent legal force, cannot be re-examined for the second time). both regarding the object, subject and substance. Of course, such a reason is our reason to hold back," he said.
He explained that KSP Indosurya Cipta was officially established based on Deed Number 84 of 2012, where the deed had been registered and received approval based on the Decree of the Head of the DKI Jakarta Provincial Cooperatives, Micro, Small and Medium Enterprises and Trade Office Number: 430/BH/XII.1/1829.31/XI/2012 dated November 3, 2012.
Therefore, he continued, the issue of the establishment and legality of KSP Indosurya Cipta as a legal entity for cooperatives has received recognition from the government.
"Even in 2017, KSP Indosurya Cipta was declared a cooperative with a fairly healthy category as emphasized in the certificate as a recognition of the DKI Jakarta Cooperative Service, and in 2018 by the Ministry of Cooperatives. This means that after going through a trial at the West District Court, KSP Indosurya is legal and legitimate," he said.
Even so, Soesilo ensured that he would not turn a blind eye to the situation experienced by cooperative members. Therefore, on various occasions, his party still encourages Henry Surya to carry out his obligations, according to the Homologation decision.
To note, Homologation Decision Number: 66/Pdt.SUS/PKPU/2020/PN.Niaga.Jkt.Pst, is a peace decision by restructuring debt and settlement schemes based on AUM (asset under management), with initial calculations to be completed by 2026.
"In addition, a homologation decision has been confirmed by PT Sun Capital International with a convertible loan (CL) mechanism, where if there is a default, CL holders will become shareholders of PT Sun Capital International," he explained.
Over time, the Homologation decision was upheld by Supreme Court Decision Number 1493 K/Pdt.Sus.Pailit/2020 dated October 26, 2020. Therefore, said Soesilo, it has actually received strengthening of the a quo peace.
"The alignment that homologation does not work, in fact it is not so, because there has been a payment in installments and asset settlement, a total of approximately Rp. 2.6 trillion. This situation could not go as expected because Henry Surya was then named a suspect and detained him," said Soesilo.
Dalam penyelidikan baru ini, Dittipideksus Bareskrim Polri juga melakukan penyelidikan terkait pengumpupan dan dengan memperdagangan produk yang dipersamakan dengan produk perbankan (Medium Term Notes/MTN) tanpa izin yang dilakukan KSP Indosurya. Menanggapi hal ini, Soesilo menuturkan, masalah MTN harus dilihat dari perspek hukum.
He said, based on Government Regulation Number 9 of 1995, Article 22 paragraph (1) letter c as the implementing regulation of Law Number 25 of 1992, that KSP can make investments. KSP Indosurya since mid-2040, has purchased MTN with an agreement bond, a total of 153 agreements in the period 2014 to 2017 with approximately Rp1.8 trillion.
"All of the MTN, until the end of 2017, has been repurchased by Indosurya Inti Finance, with a value of Rp1.9 trillion, notabene with a profit of KSP Indosurya of approximately Rp50 billion," he said.
In the previous trial, said Soesilo, the MTN case was also explained at length. At that time, it was stated that the entire MTN that was repurchased was carried out by Indosurya Inti Finance according to the order of the maturity time of each MTN.
Previously, the Directorate of Special Economic Crimes (Dittipideksus) of the Criminal Investigation Unit of the National Police officially detained the founder of KSP Indosurya Henry Surya regarding falsification of documents and letters as well as money laundering (TPPU). Head of the Public Information Bureau (Karopenmas) of the Public Relations Division of the National Police Brigadier General Pol. Ahmad Ramadhan, in Jakarta, Thursday, March 16, said Henry Surya's detention in connection with criminal cases was different from cases that had previously been tried and acquitted by the West Jakarta Court.
"On March 13, 2023, Dittipideksus investigators have named HS as a suspect. The next day, on March 14, investigators arrested HS in an apartment in Kuningan," said Ramadhan.
Further explained by the Director of Special Economic Crimes (Dittipideksus) Bareskrim Polri Brigadier General Pol. Whisnu Hermawan that his party found evidence that the act or KSP Indosurya was legally flawed. So that investigators suspect Henry Surya with Article 263 of the Criminal Code concerning Counterfeiting Letters and Article 266 concerning Counterfeiting Letters in authentic facts, as well as the Money Laundering Law.
In this case, investigators have examined 21 witnesses, both employees, the Ministry of Cooperatives, experts and notations. From the testimony of the witnesses, information was obtained that Henry Surya had made it seem as if the Indosurya Cooperative was an official cooperative, and carried out community fundraising activities of approximately Rp. 106 trillion, and in 2020 there was a default.
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
