Dropping of charges against Kim defended
Dropping of charges against Kim defended
JAKARTA (JP): The government is defending its policy of dropping criminal charges against textile tycoon Kim Johanes Mulia, but insists on pressing administrative charges.
Deputy Attorney General for Special Crimes A. Soetomo said yesterday that Kim was responsible only for falsifying export documents and could be faced only with administrative fines.
Kim's case will be transferred to Bank Indonesia (central bank), which has the authority to fine him and block his access to bank credit if they find him guilty, he said.
"We have concluded that ... Kim was only responsible for falsifying some export documents and could only be forced to pay administrative fines," Soetomo told reporters.
Kim, who has been under investigation for more than six months, was accused of falsifying some Rp 15 billion (US$6.8 million) worth of export documents and collaborating with government and bank officials to do so.
"We did not have enough evidence to press criminal charges against Kim," Soetomo added.
Soetomo was responding to criticism raised by several noted legal practitioners over Attorney General Singgih's recent announcement of Kim's exemption from criminal charges.
Singgih announced the decision during a hearing with Commission III of the House of Representatives last week. He said that Bank Indonesia could not ascertain the exact amount of losses inflicted by Kim's action.
Singgih told legislators that Kim, owner of PT Detta Marina, has already repaid all his debts plus interest, which totaled Rp 16 billion (US$7.3 million).
Singgih said the state suffered no financial loss because the amount in question had been paid, therefore, the Anti-Corruption Law could not be imposed and Kim was only required to pay administrative penalties.
Criticism
The attorney general's announcement has provoked criticism from various quarters, but also received support from some law practitioners.
On Monday, Harkristuti Harkrisnowo of the University of Indonesia's School of Law said that repaying the state's money does not eliminate one's crime.
"Kim must also account for his crimes. It would be too easy for him if he is released just like that," she said.
Law practitioner Henry Yosodiningrat said it was too hasty to drop the criminal charges against Kim because the public was already aware of his export manipulation.
"Kim can still be charged with forgery," Henry said.
According to Soetomo, the administrative penalty is stated in Circular No. 247 released by Bank Indonesia. The circular covers not only practical regulations for export drafts, but also penalties for violations of the regulations.
The articles in the circular, he said, state that the government endorses three types of punitive administrative actions for violations of the law similar to Kim's actions.
He said anyone found guilty under the regulations can have his name put on the central bank's black list and be required to pay administrative fines.
In this case, the government will not revoke Kim's exporting license because Kim has repaid all his debts, he said.
Soetomo denied that the central bank's circular overrules the 1971 anti-corruption law, on which allegations that Kim's actions were criminal were based.
"The central bank's circular does not rule on the anti- corruption law, but only specifies certain points of law," he said. (imn)