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House calls for BLBI case to be reopened

Source
Jakarta Post - September 8, 2008

Irawaty Wardany, Jakarta – The conviction of a state prosecutor for accepting bribes from a businesswoman close to tycoon Sjamsul Nursalim has paved the way for law enforcers to expand their investigation into the alleged misuse of Bank Indonesia liquidity support (BLBI) funds involving Sjamsul, a House of Representatives legislator says.

Gayus Lumbuun, a member of House Commission III on legal affairs, said Sunday the Corruption Eradication Commission (KPK) should follow up the court ruling that found Urip Tri Gunawan guilty last week, including taking over the BLBI case. "This is a general crime, rather than a special crime, so I think the KPK can take over the investigation," Gayus said.

The Corruption Court sentenced Urip, who led the Attorney General's Office (AGO) team investigating Sjamsul's case, to 20 years in jail on Thursday for accepting US$660,000 in bribes from Artalyta Suryani. The court found the bribes were linked to a decision by the AGO to drop the investigation into the tycoon.

Gayus said House Commission III would also encourage the AGO to investigate the possible involvement of other prosecutors in the bribery case.

"We will tell the AGO not to rest with Urip's conviction. The probe into the BLBI cannot stop just because Urip has received a heavy punishment," Gayus said. "There is a kind of conspiracy in the case. It is impossible for Urip to have worked alone without any support from his superiors."

During the trials of Urip and Artalyta, the court heard of the involvement of senior AGO officials, who ultimately lost their jobs. However, no formal investigation has been launched into the involvement of former assistant attorney general for special crimes Kemas Yahya Rahman, former assistant attorney general for state administration Untung Udji Santoso and former director of special crimes investigation Muhammad Salim.

The House Commission is scheduled to hold a hearing with the AGO on Monday, during which the lawmakers will put pressure on Attorney General Hendarman Supandji to take action against those involved in the bribery case and to reopen the BLBI case.

Legal researcher from Indonesia Corruption Watch (ICW) Febri Diansyah said the organization had recommended that the KPK take over the BLBI case.

"Our study, which involved around 20 criminal law experts, concluded that the KPK could take over the BLBI case even though it happened before the anti-corruption law was endorsed," he said.

He said the KPK could use the 1971 Anti-Corruption Law as the basis of its probe into the BLBI case. "So the debate over the legal basis of the investigation into the BLBI case is no longer an issue. It is only a matter of whether the KPK has the will or not," Febri said.

He said ICW was skeptical the AGO had any intention of solving the BLBI case. "They have dropped seven out of 15 BLBI cases citing a lack of evidence, while investigations into the rest have been moving at a snail's pace," he said.

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