Bank Permata (formerly Bank Bali) said Sunday that it would not "break the law" in regards to Rp 546.5 billion (US$53.3 million) of Bank Indonesia Liquidity Assistance (BLBI) saved in the bank's escrow account despite a civil lawsuit having ruled that the money belongs to Bank Bali.
The half-a-trillion is connected to a BLBI scandal case involving former central bank governor Syahril Sabirin and the owner of investment company PT Era Giat Prima (EGP) Djoko Soegiarto Tjandra, both of whom were sentenced to two years in jail earlier this month by the Supreme Court.
The court also ordered Djoko to pay Rp 546.5 billion in restitution to the state. Syahril is serving his jail term but Djoko is still at large.
Luhut Marihot Parulian Pangaribuan, lawyer for Bank Permata, told The Jakarta Post that the bank had officially received a warrant from the Attorney General's Office (AGO) ordering the bank to give the money in the escrow account to the state.
However, Luhut said, the bank would needs more time to transfer the money.
"We obey the law. However, we also deserve protection by the law. That is why we sent a letter for protection to the South Jakarta Prosecutors' Office to make sure everything is settled," he said.
"We have also requested suggestions from the Finance Minister."
According to Luhut, the court is handling five other cases involving BLBI funds in Bank Permata including PT EGP's civil suit against Bank Bali and Bank Indonesia.
In 2007, The Supreme Court rejected PT EGP's lawsuit, ruling that Bank Permata owned the money.
Luhut said this was at the same level as a 2009 criminal court ruling.
Chief Justice Harifin A Tumpa said Friday, however, that the public court rulings, including the criminal court, likely had a higher legal position than civil court.
"However, we need to look back to the 2007 lawsuit verdict to learn what the justices' consideration of winning Bank Bali are," he told news portal primaironline.com.
Attorney General Hendarman Supandji acknowledged the AGO could not directly confiscate the Rp 546 billion and move it into a state account even though the Supreme Court ruling had command it to.
"We are still waiting for the finance minister to make an assessment over whether the bank in which the funds are stored would not collapse if we withdrew the money. Thus it is truly based on technical considerations," Hendarman told journalists.
He expects the assessment will be completed immediately.
Hendarman said he had ordered prosecutors to find Djoko, who is widely known to have good relationships with many senior politicians.
Djoko was last reported to be in Singapore. Earlier, his lawyer, O.C. Kaligis, said he was in Papua New Guinea on business. Through his lawyer, Djoko has asked for a 30-day postponement, which was refused by the AGO.
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