M. Yamin Panca Setia

A Long Way to Expose BLBI Scandal

FADEL Muhammad deplored if her name mentioned by the Finance Minister Sri Mulyani as one of non-cooperative debtor Bank Indonesia Liquidity Assistance (BLBI).

Mulyani has explained at a plenary meeting to The House of Representatives if Fadel is one of non-cooperative debtor.

Fadel reported as one of 10 bad debtors who have failed to repay billions of dollars they owe to the state as part of the embezzled BLBI funds.

Fadel declared, the government’s report used not valid data. "I don't accept,” he said to the press after opening National Meeting Province Government Association all Indonesia (APPSI) at the State Palace, Jakarta, several last time.

According to Fadel, Bank Intan problems have been finished after The Supreme Court (MA) decisioned her as win on 9th October 2005. MA also commanded government must refunded Rp23 billion already being turn over by Bank Intan. "So, why Parliement discussed again," he ask.

Bank Intan’s jurisdictional process, he Said, since 2002. Fadel claimed, her self had take over Bank Intan with stipubting up to 15 years since 1996. But, Bank Intan was closed by government two year later.

Fadel who also as Gorontalo Governor and politician from Golkar's Party has passed clarification to President Susilo Bambang Yudhoyono. He also will clarification to Parliament. He hope, everyone should be respect law decision already established by the Supreme Court.

The government’s release explained, government imposed travel bans to eight of the debtors. They are: Omar Putihrai and Lidia Muchtar (Bank Tamara), Adisaputra Januardy and James Januardy (Bank Namura), Atang Latief (Bank Bira), Ulung Bursa (Bank Lautan Berlian), Marimutu Sinivasan (Bank Putera Multikarsa) and Agus Anwar (Bank Istismarat and Bank Pelita).

The government will also seize and auction the debtors' assets this year and has threatened to detain them if they fail to cooperate.

"We hope these measures will effectively force the debtors to fulfill their obligations immediately," Mulyani said.

Police and state prosecutors had launched investigations into alleged embezzlement involving 16 banks, but lacked evidence to charge 12 of them.

The Finance Ministry had been mandated to pursue civil lawsuits against to the owners of 12 banks to recover state assets. The debtors are Santoso Sumali (Bank Metropolitan), Trijono Gondokusumo (Bank Putra Surya Perkasa), Santoso Sumali (Bank Bahari), Hengky Wijaya

(Bank Tata), David Nusa Wijaya and Tarunodjojo (Bank Umum Servitia), I Made Sudiarta and I Gede Darmawan (Bank Aken), Dewanto Kurniawan, Royanto Kurniawan, Leo Polisa, Rasjim Wiraatmadja (Bank Deka), Hindarto Tantular and Anton Tantular (Bank Central Dagang), Andri Tedjadharma, PT Centris Mekarlestari, Prasetyo Utomo and Paul Banuara Silalahi (Bank Centris),

Kwan Benny Ahadi (Bank Orient), Sjamsul Nursalim (Bank Dewa Rutji) and Kaharudin Ongko (Bank Arya Panduartha).

The court sentenced Setiawan Harjono and Hendrawan Harjono from Bank Aspac to six months and one year in prison respectively. The government has also filed case reviews to have the Supreme Court overturn its verdicts that were in favor of debtors, including Fadel Muhamad (Bank Intan).

The Supreme Court ruled the government pay about Rp 23.5 billion to Fadel. The government said, despite the court ruling, Fadel's debt to the state amount to p 88.15 billion still stands.

In front of the House Representative, Mulyani said, the government disbursed a total of Rp 640.9 trillion to save the banking system from collapse during the 1997-1998 Asian economic crisis.

The huge fund included some Rp 144.5 trillion for the BLBI program, which was disbursed to 48 ailing banks to keep them afloat in the wake of a massive withdrawal of foreign capital from Indonesia. However, many debtors abused the liquidity support and took the money for themselves.

Sri Mulyani said from November 2006, out of Rp 129 trillion in outstanding state money to 41 debtors, the government managed to recover some Rp 35 trillion worth of assets, a recovery rate of 27.13 percent.

During the Megawati Soekarnoputri administration, 22 of the 41 debtors got granted or release and discharge treatment. That policy made of them to walk away from criminal prosecution despite the fact they had all paid between 15 percent to 30 percent of their debts.

Two other debtors were also considered free from prosecution after the government deemed it impossible to force them to repay their debts. The government also said it was waiting for seven other debtors to pay back monies and that they had expressed willingness to do so at the presidential office.

For Fadel who was listed among the bad debtors, he had owed a total of Rp 8.42 trillion to the state.
He has only paid Rp 4.9 billion out of Rp 88.2 billion he owed under the BLBI scheme to support his now-defunct Bank Intan.

"We will process them in accordance with the political and legal schemes set up by the previous government, including the policy to grant release and discharge treatment, if they cooperate and repay their debts. "Otherwise, we will process them under the criminal laws if they are not cooperative," Budiono said after the questioning session.

But Fadel said, on 5th February 2003 , the State Court has verdicted him as win. He is winner from Body National banking Health (BPPN) that was reported her as bad debtor to the Police. The state courth sentenced BPPN and Bank Indonesia to stand loss materiil about Rp23,5 billion for Fadel.

Mulyani reasoned if government used by data from audit by the Supreme Audit Agency

BPK was determines total bill stockholder eight banks ex BPPN. Data each stockholder specified bases BPK'S audit on 2006 about performance BPPN.

Involved Prosecutor

BLBI is the Indonesian financial tragedy in this country. Very compleceted and not easy for the government to solve BLBI case.

Insp Gen. Sisno Adiwinoto, the former National Police spokesman said, the police will more increase coordination with Attorney to handle BLBI debtor.

”We still to complete file and increase coordination with the attorney general,” he said.

According to her, eight debtor BLBI still to processed by police. But, Sisno can't ensure when police gived report to Attorney.

The Attorney General also had square steps to hasten debtor BLBI. The Head of Attorney General Hendarman Supanji has asked for The Coordinator Minister of Politic, Law and Security Widodo AS and The Coordinator Minister of Economic Boediono to half handle non-cooperative debtor. 34 BLBI non-cooperative debtor still become charge for attorney general, police and the Department of Finance.

Hendarman Supandji said, 34 non-cooperative debtor exists, 20 cases at Finace Department, 7 cases at police insitution, 7 cases at Attorney.

All government institutions have variably otority needs interdept to solve BLBI case. "So 3 otority can solve be one command to working out. The Finance and Justice Departement sentences to grow into one," Hendarman said.

Whatever trick, Indonesian people hope, the government must sentenced to get complete solve, transparent and appropriate jurisdictional.

But, BLBI’s solve is not clear until now. The chair of the Foundation for the Indonesian Legal Aid Institute Patra M Zein said, the attorney’s stage is slowgoing to solve bad debtor.

Attorney’s effort unclear. ”We can look, Attorney haven't stood trial until now,” he said.

Corruptors BLBI up to now still dance and enjoyed free after success corruption. Sjamsul Nursalim (BDNI Rp6,9 trillion and US$96,7 million/its case have get SP3), Bambang

Sutrisno (Bank Surya Rp1.5 trillion). And then, Agus Anwar (Rp169 bilion Bank Modern), Adi Putranto (BHS Rp2.6 trillion), Sherny Kojongian (BHS Rp2.6 trillion), Hendra Rahardja (BHS Rp2,6 trillion has dead at Australia).

The government sentences to catch them cause haven't marked sense extradition collaboration with state that become haven BLBI'S corruptor. Singapore e.g.. Enforcer agency sentences get problem arrests corruptors cause haven't aignature agreement collaboration extradites to handle transnational organized crime, expecially for corruption with Indonesian.

Eventually, plan collaboration since 31 last year. To Indonesian, collaboration extradites with Singapore will open and more easier to catch corruptors. But, not for Singapore. Corruptor asset return can ascendant state monetary stability.

According to The Minister of Foreign Hassan Wirajuda, Indonesia has pushed Singapore to make deal at regional, and global level to effort founded corruptor asset save in Singapore.

"But, Singapore didn’t want to included in system, so we also can’t coerce,” said Hassan.

The Attorney General also increases coordination with other sectoral institution. The Attorney General also trap BLBI'S corruptor passes Stolen Recovery's Revaluation (StAR) inititive by World Bank. StAR has began on March 2008. Hendarman has pointed Prudent Attorney General Special Assistant Rahardjo to be leader of team.

They are still intermediate to make ready to included data BLBI'S case to StAR program. Hendarman also used her position as The President United Nation Convention Fight Corruption that involves 104 states, to jointly get asset corruptor in abroad. "Anyplace kept money, I will to follow up," he explicit.

Indonesia also plan to signature agreement extradites with China. "Agreement extradites will signature only wait right time for The Minister of Foreigh each country to appointment. Hopefully, is not too long, we expect before year middle," said The Indonesian Ambasador to China, Sudrajat after meeting with President Susilo Bambang Yudhoyono, at Presidential Office, Jakarta (15/2).

But, agency effort can’t success cathed money from debtor BLBI. And sadness, after the public knew if BLBI scandal also involved the state presecutor like Urip Tri Gunawan. The Corruption Court sentenced Urip to 20 years in prison for receiving a US$660,000 bribe from businesswoman Artalyta Suryani to stop investigating Sjamsul in the BLBI case, which cost the state more than Rp 25 trillion has loss.

Urip was punished because he received bribes to help Artalyta monitor the case. 20 years in prison for Urip predicted just to closed several agency who indicated involved in BLBI case.

Urip’s punishment just design to close primary case in BLBI scandal. Bribe case that involved Urip is little party from big contruction corruption in BLBI. The court session Urip-Artalyta can be refrence to more exposed BLBI.

Commission III member Gayus Lumbuun of the Indonesian Democratic Party for Struggle (PDI-P) said, the Urip case is not over just because he was sentenced by the court. “How about the other people implicated in the case?" Gayus said.

Former assistant attorney general for special crimes Kemas Yahya Rahman and former director for special criminal investigations Muhammad Salim were among those implicated in the case.

But, that indicated very difficult to exposed because the attorney general has became as debtor prosecutor. The attorney general not as public prosecutor that must responsible to cathed state loss from BLBI’s corruption.

The Attorney General is not believed handle BLBI case. Several people also pushed the Attorney General to investigation the team of BLBI prosecutor. The Attorney General must exposed 11 prosecutor who that believed has involved in BLBI scandal.

Several last day, Darmono, new assistant for administrative affairs and assistant for supervision respectively said, the attorney general has sent letter to get license to interrogate Artalyta Suryani from the high court DKI Jakarta and The Corruption Court. The Attorney General hope, get opportunity to interrogate Artalyta license to more exposed involved others presecutor.

"Lhe letter has sent this day. We hope, reply letter coming soon,” said Darmono. "We will asked, what is Urip action just do by alone, or also involved by others in the BLBI team,” he added.

Attorney General's Office spokesman Bonaventura Daulat Nainggolan said, Attorneys general Supervisory are still to study the Corruption Court verdict to Urip. "Supervisory also studing Artalita verdict," he said.

KPK must take over BLBI

Several others assess, the Corruption Eradication Commission (KPK) must involved to solve exposed BLBI scandal. BLBI can’t to exposed because the attorney’s legitimation has been loss to solve BLBI scandal.

Febri Diansyah, the researcer from Indonesian Corruption Watch (ICW) said, KPK have legitimation, integrity and human resources to solve BLBI case.

Febri said, KPK have authority to take over BLBI case. In the section 68 KPK Law, KPK can used authority to take over to investigation, prosecution corruption case that jurisdiction process still loading.

Meanwhile, the vice Commission III Suripto said, BLBI corruption can’t expose because political will from institution law leader is weak. He said, the leader law institution is involved in the wrong when they safe image institution.

"From the beginning, they questioned about why only Urip cathed by KPK, and until Urip has been verdicted, they also made statement about several section that used refrence Urip’s verdict has wrong,” he said.

Suripto asid, the law institution needed strategic to made more stronger in external control, so must made more stronger others state commission like the The Judicial Commission, The Attorney General Commission, and the Police Commission.

Politicion from the Prosperous Justice Party (PKS) said, needed law reform that can be give hard sanction to the mafia-type operation in Indonesian courts.

The Member of Representatives and Regional Representative Council (DPD) Marwan Batubara said, everyone must to advocate to struggle and solve BLBI case.

"We don’t want to be beaten from the last government policy, and BLBI debtor intriguer,” he said.

Urip-Artalyta court session, he said, showed facts if the Attorney General not became as public prosecutor. They became as BLBI debtor protector. The court session also showed the attorney general leader involved in BLBI scandal.

KPK chairman Antasari Azhar said, KPK will to coordination will Hendarman to take over BLBI case. “After lebaran, we will do it. I will to coordination with Hendarman.”

The Vice President, Jusuf Kalla supported KPK will take over to help and handle BLBI case from the attorney general. Of cource. We supported BLBI handle by KPK. Used with formidable methode can expose BLBI case like raid, tapping, and intensive monitoring,” said Jusuf Kalla to the press in the Jakarta, last Friday (19/9).

M. Yamin Panca Setia

Photo: Tempo