Jakarta, Beritasatu.com – Criminal law expert, Otto Hasibuan, said there was no connection between the corruption case of issuing a statement of full payment of Bank Indonesia Liquidity Assistance (SKL BLBI) by the former Head of the Indonesian Bank Restructuring Agency (SRI) and Sjamsul Nursalim. This statement was conveyed by Otto when he was asked about the KPK’s move to determine Sjamsul as a suspect in a case of alleged corruption in the issuance of SKL BLBI. Sjamsul is the controlling shareholder of BDNI who received SKL BLBI in 2004.
According to Otto Hasibuan, the BLBI issue involving Sjamsul was completed in 1998 with the signing of the Master of Settlement and Acquisition Agreement (MSAA. In fact, this was confirmed by the government in a notary deed made around May 1998. While the SKL issued by Syafruddin to Sjamsul in 2004 was only an affirmation. Thus, even if it were connected, Otto said that the Sjamsul BLBI case had expired. “It means that if you want to be connect it with SN (Sjamsul Nursalim) the case is legally expired,” the lawyer confirmed on Wednesday (05/29/2019) night.
Otto said, Sjamsul also could not be blamed for the problem of BLBI assets managed by the Asset Management Company (PPA) which sold farmers’ debt in 2007. Otto, who is also Chairman of the Peradi Board of Trustees, confirmed that Sjamsul had completed all his obligations related to BLBI in 1998.
“With the issuance of MSAA, all obligations were settled by SN and the government has provided a guarantee that it will not investigate and sue SN criminally. Moreover, the period of goods sold by PPA is billed to SN,” said Otto Hasibuan.
Sjamsul himself is currently filing a civil suit against the Supreme Audit Agency (BPK) and BPK auditor I Nyoman Wara in the Tangerang District Court. This lawsuit was filed by Sjamsul and his attorney related to the BPK audit report No.12 / LHP / XXI / 08/2017 regarding the granting of SKL BLBI to Sjamsul Nursalim as a shareholder of BDNI in 2004.
It is known, the KPK ensured that it had appointed businessman Sjamsul Nursalim as a suspect in the alleged corruption case of the issuance of SKL BLBI. The determination of the suspect was based on the results of a case title or the results of the case development of the former Head of the Indonesian Bank Restructuring Agency (IBRA), Syafruddin Arsyad Temenggung who was sentenced to 15 years in prison and given a fine of Rp 1 billion or an additional 3 months imprisonment by the DKI High Court in the appeal decision.
“Yes (a suspect),” said KPK Deputy Chairman Alexander Marwata when asked by the media at the KPK Building, Jakarta, Tuesday (05/28/2019).
The KPK did not question Sjamsul, who has settled in Singapore. Alexander Marwata, said that the KPK could make the trial in absentia if Sjamsul continued to be absent from the summons. The court in absentia is an attempt to try someone and punish him without the presence of the defendant.
The KPK has also asked the opinion of a number of experts regarding the in absentia trial against Sjamsul. “If the person concerned is summoned and is not present either because of health, because of age and it is possible in criminal procedure law to be tried by in absentia,” said Alexander Marwata. | Translated from BERITASATU.COM/30may2019