One more step\u00a0has to be taken before the\u00a0Supersemar Foundation will be required to compensate Rp4.4 trillion in state losses, in\u00a0accordance with the Supreme Court’s Reconsideration (PK) verdict read in July 2015. The\u00a0Attorney General’s Office (AGO) has been granted with the\u00a0Special Power of Attorney (SKK) from President Joko “Jokowi” Widodo. The SKK would allow the AGO to demand the South Jakarta District Court, as the authorized party to carry out the execution of the verdict, to collect\u00a0the compensation from the Supersemar Foundation.<\/p>\n

The Attorney General HM Prasetyo told the press\u00a0that the AGO would\u00a0submit said petition next week . Prasetyo also said that a team led by the Assistant Attorney General for Civil and Administrative (Jamdatun) would liaise\u00a0with the South Jakarta District Court to process the petition.\u00a0<\/span>Jamdatun Noor Rachmad said that his prosecution team had\u00a0been authorized to complete the petition process as soon as possible in hope that the Supersemar Foundation would voluntarily comply with the Supreme Court’s ruling.<\/p>\n

The AGO remains open with the possibility of seizure of assets in the event that the Supersemar Foundation refuses\u00a0to fulfil the ruling. This is why the petition is crucial to make sure that the South Jakarta District Court, as the only authorized enforcer, will indeed enforce the law. The AGO only acts as the concerned plaintiffs tasked with saving state-owned assets.<\/span><\/p>\n

The\u00a0case began when the late President Soeharto issued Government Regulation (PP) No. 15\/1976, which required\u00a0all State-Owned Enterprises, in this case the state-owned banks, to deposit 50% from 5% of their net profit to the Foundation. The funds collected were meant for awarding<\/span>\u00a0scholarships, but it was instead diverted to companies such as\u00a0PT Bank Duta (US$420 million), PT Sempati Air (Rp13.173 billion), PT Kiani Lestari, and PT Kiani Sakti (each with Rp150 billion ).<\/p>\n

Soon after the fall of\u00a0Soeharto, the Attorney General\u2019s Office, acting as the representative of the state filed a lawsuit against Soeharto as Defendant I and the Supersemar Foundation as Defendant II for alleged tort and unlawful act.<\/span><\/p>\n

The late Ali Wardhana, a former Minister of Finance in Soeharto’s era, was one of the witnesses of this case. In his testimony delivered in trial in 2007, Ali confirmed the diversion of funds transfer in question.\u00a0<\/span>The diversion was based on the Ministry of Finance Decree No. 333\/1978. But Ali said that he was not aware of the implementation of the decree, including whether or not the money was managed by the Supersemar Foundation. Ali claimed that he had refused to draft said decree, but Soeharto reacted by giving him a\u00a0direct rebuke. And so Ali finally issued the decree.<\/p>\n

In 2008, the South Jakarta District Court voted in favor of the AGO\u2019s lawsuit and punished the Supersemar Foundation with the order of restitution to the state amounting to US$105 million and Rp46 billion. In\u00a0the appeal stage in 2009, the Jakarta High Court upheld the ruling of the lower court. In 2010, the lawsuit entered the cassation stage, during which the Supreme Court reinforced the ruling of the high court. The Supreme Court ordered the\u00a0Supersemar to reimburse US$315 million and Rp139.2 billion to the state.<\/span><\/p>\n

But a typing error complicated the verdict\u2014a zero was dropped out of the amount quoted in the verdict document. The AGO noticed the discrepancy and took the initiative to apply for a Reconsideration (PK) in 2013, just to change the typo in question. But it took the Supreme Court nearly two years to fix their disastrous mistake.<\/span><\/p>\n

That being said, it’s interesting that HM Prasetyo seems keen on making advances in the execution of this verdict against the Supersemar Foundation. He is, after all, under intense pressure to perform. Politicians from left and right are questioning his capability and his credibility\u2014in light of the graft case that has ensnared Prasetyo’s former colleague in the Nasdem party Patrice Rio Capella. Is this Prasetyo trying to win some recognition? Will he be able to retrieve Rp4.4 trillion from the Supersemar Foundation? We’ll see.<\/p>\n

 <\/p>\n

By Pradnya Paramitha<\/span><\/p>\n

Copying, redistributing, and retransmitting this article is a violation of copyright law.<\/i><\/b><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

One more step has to be taken before the Supersemar Foundation will be required to compensate Rp4.4 trillion in state losses, in accordance with the Supreme Court’s Reconsideration (PK) verdict read in July 2015. The Attorney General’s Office (AGO) has been granted with the Special Power of Attorney (SKK) from President Joko “Jokowi” Widodo. The SKK would allow the AGO to demand the South Jakarta District Court, as the authorized party to carry out the execution of the verdict, to collect the compensation from the Supersemar Foundation.<\/p>\n","protected":false},"author":311,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":""},"categories":[3,16],"tags":[],"_links":{"self":[{"href":"https:\/\/yosefardi.com\/wp-json\/wp\/v2\/posts\/28852"}],"collection":[{"href":"https:\/\/yosefardi.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/yosefardi.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/yosefardi.com\/wp-json\/wp\/v2\/users\/311"}],"replies":[{"embeddable":true,"href":"https:\/\/yosefardi.com\/wp-json\/wp\/v2\/comments?post=28852"}],"version-history":[{"count":3,"href":"https:\/\/yosefardi.com\/wp-json\/wp\/v2\/posts\/28852\/revisions"}],"predecessor-version":[{"id":28869,"href":"https:\/\/yosefardi.com\/wp-json\/wp\/v2\/posts\/28852\/revisions\/28869"}],"wp:attachment":[{"href":"https:\/\/yosefardi.com\/wp-json\/wp\/v2\/media?parent=28852"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/yosefardi.com\/wp-json\/wp\/v2\/categories?post=28852"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/yosefardi.com\/wp-json\/wp\/v2\/tags?post=28852"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}