Immunity plan for IBRA criticized

The Jakarta Post, Jakarta

Plans to provide Indonesian Bank Restructuring Agency officials with legal immunity once it is closed have been fiercely criticized, as it violates the basic principle of equality before the law.

Vice President Hamzah Haz led the chorus of criticism on the plan, saying on Tuesday that no one should be above the law nor should they be allowed the opportunity to evade the law just because their working term expires.

Hamzah was responding to questions regarding recent press reports that the government was drafting a presidential decree on IBRA's termination that included a clause protecting agency officials, current and former, from possible criminal charges by providing them with legal immunity.

"If it involves criminal charges, then it'll be inevitable (that they must answer to the law). IBRA's closure does not mean officials will no longer be accountable for policies they issued during their term," Hamzah said.

Any IBRA officials, as with those at other institutions, who are suspected of violating the law must undergo existing legal processes, he added.

IBRA was established in 1998 tasked with freezing, taking over, restructuring and selling assets of troubled banks and former bank owners to compensate for the massive bail-out funds the state injected into the banking sector during the 1997-1998 financial crisis. The agency is slated for closure by Feb. 27.

The draft in question was formulated by the Coordinating Ministry for the Economy.

State Minister for National Development Planning Kwik Kian Gie also expressed his disagreement with any plans to clear anyone of criminal charges, calling it bizarre and irrational.

He said he would agree only after legitimate evidence was found through an audit that proved no regulations were violated during IBRA's existence.

The remarks come at a time when public outcry over the agency's controversial performance is on the rise.

A source at the State Palace has said that immunity would only be given to those who had done their job "in accordance with their tasks and regulations".

He said the draft was still subject to review.