ketika pengadilan negeri jakarta selatan memutuskan untuk membuka
kembali kasus blbi, kejaksaan malahan naik banding atas putusan itu.

bukannya kejaksaan seharusnya di pihak pemerintah membongkar kasus
blbi?  gimana sih?

kpk mendapat tekanan dari masyarakat untuk mengurus kasus blbi, karena
kejaksaan udah nggak dipercaya lagi setelah kasus urip.  



=============



High court supports halt to BLBI corruption probe

Dian Kuswandini and Abdul Khalik, 
The Jakarta Post, Jakarta


A higher court has ruled in favor of a decision by the Attorney
General's Office (AGO) to halt a probe into the loan scandal involving
tycoon Sjamsul Nursalim.

The Jakarta High Court accepted an appeal submitted by the AGO to
overturn the South Jakarta District Court's verdict favoring the
plaintiff, the Indonesian Anti-Corruption Society (MAKI), which
originally demanded the probe.

The higher court argued that the MAKI, an NGO, had "no legal standing"
to file a lawsuit against the AGO to reopen the Bank Indonesia
liquidity support (BLBI) case against Sjamsul.

"The court ruling has stated that MAKI is not among the legal subjects
that can be engaged in a lawsuit. The district court should have taken
this into account in its verdict," Jakarta High Court spokesman Madya
Suharja said Tuesday.

The High Court's verdict was handed down Monday, he added.

Back in April, the AGO's decision to halt the BLBI case through a
Letter of Order to Stop the Investigation (SP3) was ruled a violation
of the 1999 Anti-Corruption Law by the South Jakarta District Court.
According to the 1999 law, the return of state assets does not nullify
a criminal act.

In response to the verdict, the AGO appealed to the Jakarta High Court
in order to halt the case.

The high court ruled in the AGO's favor because NGOs are not legally
permitted to pursue corruption cases, spokesman Madya said.

"According to the 2001 Corruption Law, civil society has no legal
standing to sue, but only to report (on corruption cases)."

Such authority was only granted for laws involving consumer
protection, forestry and the environment, Madya added.

However, the higher court ruling did not mention whether the AGO's
letter of order to halt the BLBI probe was, in itself, lawful, he said.

"The judges didn't go that far because their finding on MAKI's
unlawful position was enough for them not to investigate (the appeal
case) further."

In response to the latest court verdict, MAKI chairman Buyamin Saiman
said he would appeal to the Supreme Court.

"It is a question of our legal standing, not whether the letter of
order was lawful or not. Our motion (on the letter of order) had been
declared lawful by the (South Jakarta) District Court," he said,
adding he obtained new evidence on the case.

Assistant attorney general for special crimes Marwan Effendi praised
the high court verdict.

"It means the Jakarta High Court shares the same view as the AGO in
this case," he told The Jakarta Post.

Reopening the Sjamsul case would conflict with several regulations,
such as the 2000 Law on National Development and the 2003 presidential
decree on BLBI debtors, Marwan said.

"A cooperative debtor deserves a letter of settlement and should not
be charged with violating the law. (The decree on debtors) also
stipulates that BLBI cases should be settled out of court."

Meanwhile, the Corruption Eradication Commission (KPK) said Tuesday it
would press ahead with its plan to take over the BLBI probe from the
AGO, despite the high court's verdict.

"The decision doesn't affect our plan to take over the BLBI case," KPK
chairman Antasari Azhar said at a public discussion in Jakarta for the
release of the corruption perception index (CPI) survey conducted by
Transparency International Indonesia.

"After Idul Fitri, we will discuss the takeover plan with the AGO. If
they don't want (to reopen) it, we will take it over," Antasari added.



=========================


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