YLBHI files petition against R&D policy<\/p>\n
The Jakarta Post, Jakarta<\/p>\n
The Indonesian Legal Aid Foundation (YLBHI) filed a petition
\nwith the Supreme Court on Wednesday to review a government policy
\naimed at allowing cooperative debtors to walk free from criminal
\nchares.<\/p>\n
YLBHI said in a media release that the ruling, which was
\ncontained within a presidential instruction (Inpres), had to be
\nannulled because it clearly ran contrary to existing legislation.<\/p>\n
"We ask the Supreme Court to declare the Inpres invalid and
\nlegally flawed, and therefore annulled," YLBHI said in the
\nrelease.<\/p>\n
The policy refers to Presidential Instruction No.8\/2002 issued
\nby President Megawati Soekarnoputri late last year, which grants
\nformer bank owners release and discharge (R&D) status. As such it
\nwould effectively clear them from any criminal indictments over
\npast banking crimes.<\/p>\n
Although YLBHI's move was the first legal step ever to
\nmanifest objection over the policy, opposition to it has been on
\nthe rise lately, from various elements in society, including
\nacademics, legal experts, legislators and others.<\/p>\n
In fact, YLBHI's remarks came less than a week after a
\nrespected legal institution also expressed such an objection. The
\nNational Legal Commission (KHN) issued last weekend a statement
\nurging the government to annul the controversial policy for the
\nsame reason.<\/p>\n
YLBHI pointed out at least three regulations that the Inpres
\nhad violated, namely Law No. 8\/1981 on the Criminal Code, Law No.
\n20\/2001 on the eradication of corruption and Inpres No.8\/2002 on
\nequality before the law.<\/p>\n
While the first says that the right to terminate an indictment
\nlies only with the attorney general and not the president, the
\nsecond states that a person cannot be freed from criminal charges
\nsimply because one has settled one's debts with the state.<\/p>\n
The Presidential Decree does not refer to specific debtors,
\nbut according to the Indonesian Bank Restructuring Agency (IBRA),
\nfive debtors had so far managed to settle their debts and were
\nthus eligible to receive R&D status.<\/p>\n
They are: Sudwikatmono, Ibrahim Risjad, The Nin King, Hendra
\nLiem and Sudono Salim. They are among 35 debtors who received Rp
\n144.5 trillion-worth of state funds issued by the central bank
\nduring the financial crisis, under the liquidity support loans
\n(BLBI) program.<\/p>\n
Many of the former bank owners were later accused by the
\nSupreme Audit Agency of misuse of most of the bailout funds.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/ylbhi-files-petition-against-rd-policy-1447893297",
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