"Not Guilty" Verdict Serves as a Reminder for KPK

KOMPAS/RADITYA HELABUMI

The legal and public relations bureau head of the Supreme Court, Abdullah, gives a statement to the press on Tuesday (9/7/2019) after reading out the court’s decision to acquit Syafruddin Arsyad Temenggung of corruption. Temenggung, the former Indonesian Bank Restructuring Agency chairman, had appealed to the court over his graft conviction and 15-year sentence in connection with the Bank Indonesia Liquidity Assistance (BLBI) case.

JAKARTA, KOMPAS — A “not guilty” verdict in the cassation of Syafruddin Arsyad Temenggung’s Bank Indonesia Liquidity Assistance (BLBI) case should be a reminder for the Corruption Eradication Commission to be more careful in handling cases. This is the first “not guilty” verdict for a graft suspect whose case was handled by the KPK.

The KPK stated it would try to continue the graft case surrounding the BLBI to bring back state losses.

The Supreme Court (MA) freed the former head of the Indonesian Bank Restructuring Agency (IBRA) Syafruddin Arsyad Temengung of all charges in the alleged BLBI corruption case through a cassation ruling read out on Tuesday (9/7/2019). The verdict was made as his detention period ended yesterday.

This cassation ruling overturned the sentence by the corruption court and, later, by the appellate court. On Sept. 24, 2018, the panel of judges at the Jakarta Corruption Court sentenced Syafruddin to 13 years in prison and a fine of Rp 700 million.

On Jan. 2, 2019, a panel judges of the Jakarta High Court increased the prison sentence to 15 years and a fine of Rp 1 billion. The panel of judges at the appellate court considered Syafruddin\'s actions in issuing a notification that Bank Dagang Negara Indonesia (BDNI) belonging to Sjamul Nursalim had paid all of its obligations was an act of corruption (Kompas, 5/1/2019).

Responding to the cassation ruling, KPK deputy chairman Saut

Situmorang, at the KPK Building, Jakarta, said the verdict would not affect the handling of cases whose suspects are BDNI shareholders, Sjamsul Nursalim and Itjih Nursalim. The KPK will continue to question witnesses, question suspects and trace assets. Regarding Syafrudin\'s “not guilty” verdict, the KPK will await a copy of the ruling before taking further legal action. The KPK said it would not stop taking legal action in this case, especially to bring back the state losses which reportedly amount to Rp 4.58 trillion.

Kompas

Syafruddin Arsyad Temenggung (left) attends a hearing on witness testimony on 12 July 2018 during his graft trial at the Jakarta Corruption Court. Mohammad Syahrial (right), the former credit and asset management deputy chairman of the Indonesian Bank Restructuring Agency (IBRA), delivered his testimony in the trial of Temenggung, his former boss as IBRA chairman, who was accused of corruption in the Bank Indonesia Liquidity Assistance (BLBI) case.

Different opinions

In the cassation ruling, the three judges who examined the case have different opinions. Salman Luthan, the head of the panel of judges, strengthened the verdict issued by the Jakarta High Court. However, judge member Syamsul Rakan Chaniago was of the opinion that Syafruddin\'s action was categorized as within the civil domain. While another member, Mohammad Askin, was of the opinion that the action of the defendant was in the domain of administrative law.

"Thus, [the court] declares that Syafruddin Arsyad Temenggung was proven to have committed the act he was charged with, but the act was not a crime. Freeing the defendant from all legal charges. Restoring the defendant\'s rights and releasing him from detention," said Supreme Court head of law and public relations Abdullah as he read out the excerpts of the ruling during a press conference at the MA building.

Leave KPK detention

In accordance with legal procedure, the KPK must immediately release Syafruddin from the KPK detention house after receiving a copy of the Supreme Court\'s verdict. At around 7:55 p.m., Syafruddin was released from KPK detention. "This was a long journey. This was a process that I have followed through since the district court, then there was a legal process at the high court and it ended at the appellate court. Alhamdulillah [Thank God], what I have asked for has been granted. I have actually completed all matters and [they were] audited by the Supreme Audit Agency [BPK] in 2006," said Syafruddin.

Learning from the MA ruling, a criminal law expert at the University of Indonesia (UI), Gandjar Laksmana Bonaprapta, reminded the KPK to be more careful in handling cases. Moreover, this long-running BLBI case presented a big challenge. Meanwhile, related to the follow-up of the Sjamsul and Itjih cases, Gandjar said the KPK would continue with caution.

KOMPAS/SHARON PATRICIA

Reporters approach lawyers Ahmad Yani (center) dan Hasbullah (right), who represented Syafruddin Arsyad Temenggung, a key defendant in the Bank Indonesia Liquidity Assistance (BLBI) corruption case.

"Even though the cases were related, there were actions that stand alone. It is not impossible, a legal process into this case could find something new," said Gandjar. (IAN)