Justices blamed for delay in BLBI verdict
Abdul Khalik, Jakarta
The Attorney General's Office (AGO) expressed fears on Thursday that a convict in the misuse of Bank Indonesia liquidity support (BLBI) might have fled the country and the state might have lost Rp 1.3 trillion (US$1.38 billion), due to Supreme Court negligence.
Spokesman for the office Kemas Yahya Rahman said prosecutors could not jail David Nusa Wijaya, alias Ng Tjuen Wie, owner of the now-defunct Bank Sertivia, and confiscate his assets because the Supreme Court failed to send the copy of the verdict, which had been delivered almost a year ago.
"The Supreme Court handed down the verdict on David on July 23 last year. However, we haven't been able to do anything until now because we haven't got a copy of the verdict," said Kemas.
Kemas added the West Jakarta Prosecutor's Office, which was supposed to execute the verdict, had asked the Supreme Court for a copy in its letter dated May 26 of this year, but had received no response. It remains unclear why the prosecutors asked for the copy that late.
According to the law, the prosecutors can only execute a verdict after they have received a copy of the verdict from the Supreme Court.
David was found guilty of embezzling Rp 1.27 trillion in BLBI funds by the West Jakarta District Court. He was sentenced to only one year in jail. Subsequently, he filed an appeal to the Jakarta High Court but was given four years' imprisonment instead.
The convict then appealed to the Supreme Court, which sentenced him to eight years and fined him Rp 1,297 trillion, to recover the state losses.
Kemas said it was difficult now to trace the whereabouts of David.
"A travel ban slapped on him is still effective. However, it may have failed to prevent him from fleeing the country via a small or remote island, just as Alex Manuputty did," Kemas said.
He was referring to the Maluku Sovereignty Front (FKM) chairman, who was convicted of treason but managed to escape the country to the United States because of the late arrival of the copy of the Supreme Court verdict.
The state has suffered more than Rp 137 trillion in losses due to misuse of the BLBI. Ironically, law enforcers have failed to properly address the issue, with many of the suspects being acquitted or being given lenient sentences.
The fund misappropriation was first disclosed by the Supreme Audit Agency (BPK) in May 1999.
The government provided liquidity support amounting to Rp 144.5 trillion from August 1997 to early 1999 to assist 48 commercial banks to cope with massive runs during the monetary crisis. However, the audit agency revealed that 95 percent of the troubled banks misappropriated the funds.