Jakarta – The Corruption Eradication Commission (KPK) was asked not to ignore the agreement made by the government in the form of release and discharge ( R & D) to the obligors of Bank Indonesia Liquidity Assistance (BLBI) who had signed the Master Settlement and Acquisition Agreement ( MSAA) and has fulfilled all of its obligations.
This was said by Maqdir Ismail, lawyer Sjamsul Nursalim (SN) and his wife, Itjih Nursalim (IN) in his written statement received by SP in Jakarta, shortly before the lawsuit hearing in the Tangerang District Court on Wednesday (6/12/2019) morning.
Maqdir filed a protest against the determination of the suspect against SN and IN. According to him, the KPK has denied an agreement made by the government with citizens.
Moreover, he said, the KPK stipulated SN and IN as suspects that harmed the country’s finances in the amount of Rp. 4.58 trillion.
In fact, such a large number arises from the results of the 2017 Supreme Audit Agency (BPK) audit, which was a strange process and did not meet the State Financial Inspection Standards. The investigative audit was requested and based on the data presented by the KPK and where the process did not meet the standards because there was no auditee participation and there was no confirmation or clarification to the relevant parties in the MSAA.
Besides being unusual, Maqdir continued, the 2017 BPK audit process also contradicted the two results of the previous audit by the BPK. At present, his party is filing a lawsuit for the results and 2017 BPK audit process in the Tangerang District Court, Banten. Today, the inaugural session was held.
“SN has followed the government’s request to sign MSAA on September 21, 1998 and then followed up by giving an R & D letter on May 25, 1999. In the agreement, the government promised to release SN from all lawsuits or any legal rights that the Government may have. Based on the legal principles contained in Article 1338 of the Civil Code, an agreement is binding on both parties who make it, as appropriate. And now the KPK has made SN and IN as suspects, “said Maqdir.
He explained, SN followed the request to sign the MSSA as part of an effort to support the government which tried to overcome difficulties in recovering the economy due to the crisis.
According to Maqdir, the KPK cannot ignore the agreement, because this institution is part of the government, as confirmed by the Decision of the Constitutional Court Number 36 / PUU-XV / 2017 dated February 3, 2018. The KPK must respect all the agreements that the government has legally and protected by law MPR laws and regulations.
Explained, SN signed the MSAA on September 21, 1998. Then, on May 25, 1999 the Minister of Finance and the Chairperson of the IBRA gave him an R & D Letter. The state document was later confirmed in the “Letter of Statement” deed made before Notary Merryana Suryana. The contents, among others, stated that SN had fulfilled all BLBI payment obligations and other related matters, so that the government issued R & D to him.
With the letter, added Maqdir, the government guarantees and frees shareholders from any future lawsuits relating to BLBI settlement. The government promised not to carry out lawsuits, both criminal and civil.