Who owns Rp 546b worth of liquidity funds?

The Jakarta Post ,  Jakarta   |  Fri, 06/26/2009 1:06 PM  |  National

Activists and lawyers have accused prosecutors and judges of inconsistency in their handling of a case involving Rp 546.5 billion (US$ 53.3 million) of Bank Indonesia Liquidity Assistance (BLBI) scandal funds saved in an escrow account in Bank Permata (formerly Bank Bali).

The case is connected to former central bank governor Syahril Sabirin and fugitive businessman Joko Soegiarto Tjandra.

Emerson Yuntho from Indonesia Corruption Watch (ICW) said Thursday that he suspected the irregularities had occurred at the Attorney General's Office (AGO).

In October 2008, prosecutors requested the Supreme Court review its 2001 verdict that had acquitted Joko and Syahril from all charges and declared that the disputed Rp 546.5 billion belonged to Joko's company, PT Era Giat Prima (EGP).

The court, in June 2009, accepted the request and sentenced the two men to two years imprisonment and ordered Bank Permata to pay the money as restitution to the state.

However, according to the bank's 2008 financial statements, prosecutors from the South Jakarta Prosecutors' Office sent a warrant to Bank Permata on Dec. 11, 2008, ordering the bank to transfer the funds to a Bank BNI account.

Luhut Marihot Parulian Pangaribuan, a lawyer for Bank Permata, said the prosecutors' letter was based on the court's 2001 verdict, stating that PT EGP owned the money.

Emerson said it was strange that prosecutors were ordered to move the money after they had filed for a review.

"By filing a review, prosecutors seemed to believe the money belonged to the state, despite the fact the court had not yet finished the case," he told The Jakarta Post.

"I don't understand why they ordered Bank Permata to transfer the money to another account."

Emerson suspected there were certain prosecutors who had broken the law.

"Junior Attorney General for supervision, Hamzah Tadja, must investigate prosecutors in South Jakarta," he said.

AGO spokesman, Jasman Pandjaitan, refused to comment when asked about the issue. The AGO, he said, had insisted the bank must pay the money as restitution to the state.

"Otherwise, we will take legal action," he said.

Luhut said there were five other cases being handled by the court involving BLBI funds in Bank Permata. One of them included the civil lawsuit of PT EGP against Bank Bali and Bank Indonesia.

On May 29, 2007, the Court ruled that Bank Permata was the owner of the money despite the same court ruling in June 2009 that the money belonged to the state. (bbs)

Copyright © 2008 The Jakarta Post - PT Bina Media Tenggara. All Rights Reserved.