Syafruddin may still be liable for prosecution after Supreme Court release

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“Public Discussion of Supreme Court Ruling to Free Syafruddin”, held in JS Luwansa Hotel, Jakarta, Wednesday, July 31, 2019. (photo: IO/Dan)

IO, Jakarta – Since the Supreme Court decided that former National Bank Restructuring Agency (Badan Penyehatan Perbankan Nasional – “BPPN”) Chairman Syafruddin Arsyad Temenggung (SAT) is to be released on 9 July from charges stemming from the issuance of Full Repayment Certificates (Surat Keterangan Lunas – “SKL”) relating to Bank Indonesia (Central Bank) Liquidity Assistance (Bantuan Likuiditas Bank Indonesia – “BLBI”) for Bank Dagang Nasional Indonesia (“BDNI”), many people feel outraged about Syafruddin’s release from his previous sentence of 13 years’ imprisonment.

Despite their surprise of the Supreme Court’s judgement, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi – “KPK”) still respects the cessation judgment. “The Supreme Court does not agree that Syafruddin be released from his punishment, he is merely released from the charges against him. His actions were proven, but the Panel of Judges considers his actions not to be a crime,” said KPK Spokesman Febri Diansyah in the Public Discussion of Supreme Court’s Decision to Release Syafruddin” held at JS Luwansa Hotel, Jakarta.

Febri stated that KPK will continue to prosecute the SKL BLBI case, as the case has not reached its expiration date of 18 years (it occurred in 2004). “We will continue to investigate the Rp 4.58 trillion damage to the State,” he said.

Syafruddin’s legal counsel Hasbullah stated that Syafruddin did not commit a crime when he issued the SKL. Therefore, the convict has the right to have his rights and reputation restored to him like any other free man. “We have performed various legal efforts according to legal norms from the start. We started with having our pre-hearing motions refused, until finally the Supreme Court decided that our client is to be released from all charges,” he stated

On the other hand, Otto Hasibuan, the legal counsel of Sjamsul Nursalim (SN) as the other suspect in the case, stated that if the Supreme Court decides to release Syafruddin then Sjamsul and his wife Itjih Nursalim (IN) must also be freed from all legal charges. Furthermore, SN and IN’s charges as SAT’s co-respondents in the case are rendered null and void, with all legal consequences attached to same.

KPK is widely known to have named Sjamsul and his wife as suspects in the SKL BLBI corruption case. However, until now they are never interrogated because they have disappeared and have probably run away to another country.  “We refer to the Cessation Judgment of the Supreme Court, which states that their actions were not a crime, but a civil or State Administrative violation,” Otto said.

State Administration Law Expert M. Riawan Tjandra stated that even though the Supreme Court has released Syafruddin, there is still a possibility that unhappy people would press charges, whether civil, administrative, or criminal charges, as he has let trillions of Rupiah of the State’s finances vanish. (Dan)