The Corruption Eradication Commission (KPK) is in a race against time to resolve the corruption case surrounding the 2004 Bank Indonesia Liquidity Support (BLBI).
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ANTARA FOTO/RENO ESNIR
Corruption Eradication Commission (KPK) deputy chairmen Laode M Syarif (center) and Saut Situmorang (left), accompanied by KPK spokesman Febri Diansyah (right), hold a press conference regarding new suspects of corruption at the KPK building in Jakarta on Monday (10/6/2019). The KPK has named businessman Sjamsul Nursalim and his wife suspects related to the Bank Indonesia Liquidity Assistance (BLBI) case. The KPK opened a new investigation into alleged corruption in developing the case of Syafruddin Arsyad Tumenggung, head of the now-defunct Indonesian Bank Restructuring Agency (BPPN).
JAKARTA, KOMPAS — The Corruption Eradication Commission (KPK) is in a race against time to resolve the corruption case surrounding the 2004 Bank Indonesia Liquidity Support (BLBI). In line with the Criminal Code (KUHP), the case will expire in 18 years, which means that criminal charges will have to be filed by 2022 at the latest.
On Monday (10/6/2019), the KPK named Sjamsul Nursalim, owner of the now-defunct Bank Dagang Negara Indonesia (BDNI), alongside his wife Itjih Nursalim, as suspects in the case. This was a development of the case of Syafruddin A. Temenggung, the former chair of the Indonesian Bank Restructuring Agency (IBRA), who was recently sentenced to 15 years of imprisonment by an appeal court. Syafruddin was declared guilty for issuing a letter for BDNI, freeing it of the obligation to pay debts to the government. This led to state losses of Rp 4.58 trillion (US$321.39 million). A cassation, however, has been filed against the case.
The KPK had previously summonsed Sjamsul and Itjih in relation to Syafruddin’s case. In 2018, the KPK issued three summonses for Sjamsul and Itjih to make their statements or rebuttals. The couple, however, never responded.
In the wake of the couple being named suspects, Sjamsul’s lawyer Maqdir Ismail said the KPK’s move was odd. He said Sjamsul could no longer be held responsible in the BLBI case, as he had received the letter from the IBRA in 2004, known as SKL, and gained a release-and-discharge statement freeing him from all obligations.
Challenge
At the KPK Building in Jakarta, KPK deputy chair Laode M. Syarif said the case posed a unique challenge for the commission. He further commented that he hoped the case would not be a burden for the KPK’s next leadership, expected to start its term later this year. “The KPK hopes that [the couple] will cooperate. We have given them several opportunities. The announcement serves as another call for [the couple] to cooperate,” Laode said.
On May 17, the KPK delivered its notification on the commencement of an investigation (SPDP) against Sjamsul and Itjih to three locations in Singapore, namely The Oxley, Cluny Road and Giti Tire head office, alongside one location in Indonesia, namely Simprug.
Nevertheless, the KPK is prepared to hold an in-absentia trial for Sjamsul and Itjih should the couple refuse to cooperate. Laode said that would be the last resort.
The Attorney General’s Office did the same thing in another BLBI-related case in 2002, namely on the bailout fund disbursed to Bank Harapan Sentosa, with defendants Hendra Raharja, Eko Adi Putranto and Sherly Konjogian; Bank Surya, with defendants Bambang Sutrisno and Adrian Kiki Ariawan; and Bank Servitia, with defendant David Nusa Wijaya. Prosecutors have also held an in-absentia trial over corruption and money laundering for former Bank Century owners Hesyam Alwarraq and Rafat Ali Rizvi.
“Cooperation with Singapore has been smooth. The KPK has also shown its efforts. Apart from Indonesian regulations, [we can also rely on] special international relations between anticorruption agencies. We also have a network with Interpol and the immigration offices. There is also the diplomatic route through Indonesian representative offices,” Laode explained.
Sjamsul and Itjih are named suspects under the Corruption Law. The case began with the disbursement of Rp 47.2 trillion in BLBI funds for BDNI, which misused the funds. This led the IBRA to declare the bank in violation of the law through irregular transactions that benefited Sjamsul as a shareholder. Under his settlement of obligations in the Master Settlement Acquisition Agreement (MSAA), Sjamsul allegedly broke the law by handing over a problematic asset, namely PT Dipasena Citra Darmaja, with bad debt.
The KPK is also seeking control over Sjamsul’s assets to be used to pay for state losses incurred in the case.
