Immunity plan for IBRA criticized
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.