Maman's heirs must bear financial loss
Maman's heirs must bear financial loss
JAKARTA (JP): Deputy Chief Justice Adi Andojo Soetjipto revealed that the death of Maman Suparman, a former Bapindo bank executive serving a prison sentence for graft, does not mean automatic release from criminal obligation.
Speaking to reporters in his office yesterday, Adi said Maman's heirs were to be held responsible for the financial loss Maman inflicted on the state.
"Maman's progeny have to cover all the fines that Maman was liable for," Adi said. "All Maman's property, of which the Supreme Court ordered confiscated, also has to be rendered to the state," he added.
Adi, who chaired the panel of judges on Maman's case, quoted article 83 of the Criminal Code which states that in the case of death, only a prison term is nullified.
Adi was commenting on a statement made by Maman's lawyer Denny Kailimang, stating that Maman's family is not accountable and insisting on the return of the seized belongings.
Denny said that article 77 of the Criminal Code guarantees freedom from any responsibility.
Adi denied the possibility, saying that article 77 only applies during a trial.
"The Supreme Court upheld the previous sentences before Maman died. It means that the Supreme Court's decision is final," he added.
Maman, 49, died of a heart attack in the Kramat Jati police hospital in East Jakarta on Tuesday.
Maman was sentenced last year to nine years in prison by the South Jakarta District Court for his role in the notorious loan scam, causing a Rp 1.3 trillion (US$ 620 million) loss to the state.
Maman had spent two years of his sentence in Salemba prison.
Five other Bapindo executives, Syahrizal, Bambang Kuntjoro, Subekti Ismaun and Towil Heryoto, were also found guilty in the scam. Maman was a former deputy chairman of Bapindo's Jakarta branch.
They were on the board of directors when state-owned Bapindo loaned nearly $500 million to businessman Eddy Tansil between 1989 and 1993 to finance his ambitious petrochemical project in Cilegon, West Java.
The loan turned sour and Tansil was sentenced to 17 years in prison for cashing in on the loans with the help of insiders and for bypassing standard banking procedures.
Syahrizal and Subekti got six years in jail, while Towil and Bambang were sentenced to eight and four years respectively.
The Supreme Court recently turned down Maman's and four other convicts' appeals and upheld their sentences, but increased the sentence of Eddy Tansil to 20 years imprisonment.
Lawyer Denny said he would sue Salemba prison for the death of Maman.
"If Maman's death was natural and the prison had witnesses, why did they have to prohibit the family from seeing him? There was a fright factor," he said.
Denny alleged that there were strange things behind the death. The death certificate from the prison said the former Bapindo bank executive died on Oct. 31 at 6:35 but the location was not mentioned.
The result of the post mortem examination made by the prison was different from that made by the Kramat Jati Police Hospital. (imn/05)