Rabu, 30 Desember 2009

Surat Lembaga Perlindungan Saksi & Korban kepada Ketua Pengadilan Negeri Jakarta Selatan


Surat dari Sekretaris Kabinet kepada Menteri Keuangan

Surat Tugas Bapepam untuk Rekayasa & Mengatur Penegak Hukum dg dibiayai oleh DIPA APBN

From the Trial in Civil Court South Jakarta on 16 December 09

Harian PELITA:[Politik dan Keamanan]

Saksi Ditugasi Memeriksa Atas Laporan Terdakwa

JakartaKepala Biro Kepatuhan Internal Bapepam-LK Abraham Bastari mengaku mendapat tugas dari pimpinan untuk melakukan pemeriksaan terhadap laporan dari terdakwa Rudi Rusli (Komut) PT Eurocapital Peregrine Securities adanya dugaan pejabat Bapepam-LK terima suap dari Dirut PT EPS Jodi Heryanto.
Abraham yang dihadirkan sebagai saksi meringankan terdakwa, Rabu(16/12) di PN Jaksel menyebutkan berkaitan laporan itu saksi
pernah memeriksa terdakwa yang mengatakan informasi adanya dugaan suap itu diperolehnya dari Mustopa.
Saksi juga pernah memeriksa sejumlah orang yaitu Sudaryanto yamg dalam keterangannya mengaku pernah melihat pejabat Bappepam Arif Baharudin datang ke PT FARM yang dimiliki Eriana istri Jodi yang berada di Bapindo Plaza, Mandiri Tower lantai 2.
Begitupun Robinus yang diperiksa oleh saksi mengakui pernah melihat Arif Baharudin dan Wahyu Hidayat secara berbeda menemui Jodi di Bapindo Plaza. Sedangkan Nugroho yang diperiksa Abraham menyebutkan pernah bertemu dan berkenalan dengan Wahyu Hidayat di kantor PT Asia Rajawali juga kantor PT FARM.
Dari hasil pemeriksaan, kata saksi, sebagian menyebutkan ada dugaan suap dan ada yang bilang tidak ada suap. Selanjutnya saksi memberikan rekomendasi kepada pimpinan agar dilimpahkan ke Itjen Depkeu. (did)

The Statement of Commission of Yudicial

Harian PELITA :[Politik dan Keamanan]

KY: Hakim Bisa Lakukan Upaya Paksa
Jakarta, Pelita
Anggota Komisi Yudisial (KY) Koordinator Bidang Hubungan Antar-Lembaga Komisi Yudisial Soekotjo Soeparto mengatakan bahwa ketua majelis hakim Pengadilan Negeri Jakarta Selatan, Artha Theresia Silalahi harus melakukan upaya paksa untuk melakukan penahanan terhadap terdakwa Jodi Haryanto. Upaya penahanan itu dinilainya sebagai langkah tepat guna memperlancar proses persidangan.
Itu sudah menjadi kewenangan hakim. Apalagi jika demi memperlancar proses persidangan, itu sah-sah saja, ujarnya ketika dihubungi di Jakarta, pekan lalu.
Hal ini guna menanggapi peryataan majelis hakim Pengadilan Negeri Jakarta Selatan Artha Theresia Silalahi yang memerintahkan penahanan terhadap terdakwa mantan Dirut PT Eurocapital Peregrine Securities (EPS) Jodi Haryanto dalam kasus dugaan pemalsuan, penggelapan, dan pencucian uang. Akibat perbuatan terdakwa itu, PT EPS ditaksir menderita kerugian senilai Rp 80 miliar.
Sebelumnya, terdakwa sudah dua kali tidak datang ke persidangan atau sejak putusan sela dibacakan oleh majelis hakim. Hal ini lah yang membuat Artha Theresia mengancam akan menahan terdakwa bila dalam persidangan berikutnya kembali tidak datang.
Sidang yang lalu dia tidak datang dengan alasan sakit. Tapi sekarang tidak ada alasan. Jadi saya perintahkan untuk ditahan, perintah Artha kepada panitera pengganti.
Tidak ditahannya terdakwa tentunya telah mengoyak rasa keadilan masyarakat. Jika dibandingkan dengan kasus yang dialami ibu rumah tangga Prita Mulyasari yang harus menjalani hukuman atau Basar yang mencuri sebuah semangka, Manisih yang mencuri buah randu (kapas) seharga Rp 12 ribu, serta Mbah Klijo yang mencuri pisang yang juga harus mendekam di penjara, bahkan Chandra-Bibit pun sempat ditahan.
Soekotjo menambahkan penahanan terhadap seorang terdakwa memang menjadi kewenangan dari majelis hakim. Namun, hakim juga seharusnya bersikap tegas jika dirasakan terdakwa melakukan tindakan yang bisa mengganggu proses persidangan.
Padahal persidangan perdananya sendiri sudah mulai digelar pada 9 September 2009 namun sudah hampir tiga bulan sejak dakwaan dibacakan, hingga kini baru hanya empat kali persidangan yang terlaksana.
Ya seharusnya hakim tegas. Jika memang sudah dirasa mengganggu, hakim bisa melakukan upaya paksa, pungkasnya. (ay)

From the Trial in Civil Court South Jakarta on 14 December 09

Harian PELITA:[Politik dan Keamanan]

Saksi Mengakui Terdakwa Tempatkan Dana

Jakarta-Saksi Benny Nurdin dari PT AIM Invesment dan Dodi dari PT Trust Securities secara terpisah mengaku terdakwa Jodi Haryanto Dirut PT Eurocapital Peregrine Securitas (EPS) pernah menempatkan dana di kedua perusahaan tersebut.
Menurut Benny dalam sidang di PN Jaksel, Senin (14/12) dana Rp3 miliar yang ditempatkan atas nama PT EPS berbentuk perjanjian pengelolaan aset investasi, kemudian dikembalikan setelah adanya masalah di internal PT EPS.
Sebelum dikembalikan kepada PT EPS, sebagian dana ada yang ditarik Jodi, kata Benny. Sementara itu saksi Dodi mengungkapkan dana yang ditempatkan terdakwa Rp1,5 miliar atas nama pribadi ke PT Trust digunakan untuk perdagangan efek atau saham.
Dodi mengaku tidak tahu asal dana terdakwa. Namun diakuinya, terdakwa membuka buku rekening efek atas nama pribadi di PT Trust dan sempat ada beberapa penarikan dana oleh terdakwa. Penempatan dana itu ternyata tanpa sepengetahuan dari PT EPS dan itu terungkap setelah penyidik polisi memperkonfirmasikann ke PT EPS, kata saksi Anjar auditor internal di depan majelis hakim diketuai Artha Theresia. (did)

From the Trial in Civil Court South Jakarta on 7 December 09

Harian PELITA:[Politik dan Keamanan]

Saksi Mengaku Tanda-tangannya Dipalsukan

Jakarta-Saksi Rudi Rusli Komisaris dari PT Eurocapital Peregrine Securities (EPS) mengaku tanda-tangannya dipalsukan dan tahu yang memalsu terdakwa Jodi Haryanto berdasarkan laporan stafnya yaitu saksi Putra Akmal General Manager dan HRD PT Eurocapital.
Saya memang tidak melihat terdakwa memalsukan tanda-tangan saya, tapi tahunya dari laporan staf saya, kata Rudi di hadapan majelis hakim diketuai Artha Theresia di Pengadilan Negeri Jaksel, Senin (7/12).
Keterangan saksi Rudi tersebut dikuatkan stafnya yaitu Putra Akmal dan Aip. Menurut Putra bahwa perbuatan terdakwa memalsukan tanda-tangan Rudi Rusli dilakukan pada tanggal 13 April 2009 di food court, Hypermarket, Mega Kemayoran, Jakpus.
Terungkapnya tanda-tangan saksi Rudi dipalsu setelah adanya
konfirmasi dari BCA berkaitan rencana pencairan pinjaman Rp9,7 miliar ke PT EPS dengan jaminan rekening perusahaan yang diajukan oleh terdakwa tanpa sepengetahuan Rudi. Terdakwa Jodi Dirut PT Eurocapital selain didakwa oleh jaksa Nana Mulyana memalsu dan menggunakan palsu juga menggelapkan uang perusahaan dan melakukan pencucian uang atau money laundry. (did)

Rabu, 23 September 2009

The Profile of Rudi Rusli






D-U-I-T (P-E-S-T) Philosophy

Along with the journey of time, one’s philosophy of life will also continue experiencing changes in line with situation and condition they faced. Many people when they were kids had the desire to be wealthy people, but after they were adult their desire changed and they wanted to become people who were happy in this world and the hereafter. This opinion is justified by life experience of Rudi Wirawan Rusli, chairman of PT. Eurocapital Peregrine Securities and commissioner of PT. Eurocapital. When he was a kid, his desires was to be a wealthy person, but after grown up he realizes that the wealth he coveted is actually world and the hereafter happiness.

In Rudi’s point of view, his nickname, wealth is only a tool to reach happiness in this world and the hereafter. Therefore, human being should not put wealth above all, even less if the wealth pull his happiness off this world and hereafter. "Wealth actually is only a tool to reach happiness in this world and hereafter" say the man who was born in Palembang, 18 May 1964.

Reaching for happiness in this world and hereafter is not an easy job, it needs special strategy, hard work and exhausting long struggle and sometimes takes so long time. Nevertheless, human being must keep on trying to fix their life to become quality life, because who can change their destiny is themselves. "Allah will not change the destiny of a nation before the nation itself that change it".

Allah SWT gives a chance to the entire human being to fix their quality and life standard, living to them whether they are able to use the opportunity and chance. " The example is Indonesia that bestowed by Allah SWT abundant natural resources, living to how this nation makes use and manage it" he said.

In reaching happiness of life in this world and hereafter, Rudi use philosophy D-U-I-T (D=do'a=prayer u=usaha=effort i=ikhlas=sincere t=tawakal=trust in God). The power of prayer is principal base for somebody in achieving certain thing, because without Allah SWT’s favor and help, undoubtedly what we want we would not be able to reach it. After requesting to Allah SWT, then we will do effort maximally to realize what we are willing to reach it. While sincere be the principal base for somebody in trying, as without the existence of sincerity, the effort will be felt very stressful. And the end of all is tawakkal or trust in God, where everyone is demanded to accept all that destined by Allah SWT for them. "Happiness is actually being able to accept Allah destiny, meaning that we have to be thankful to whatever given by Allah SWT to us" he said.

Be grateful to God’s blessings will bring about happiness for somebody, even according to His saying, every grace from Allah that is being thanked will increase its value. "If you grateful to My blessings so I shall add, but if you are infidel to My blessings, undoubtedly My torment is very painful". "I am very grateful to what I have obtained, as I felt Allah SWT is very pity to me" he stated firmly.

It has to be admitted, material wealth is one of the supporters for happiness in this world and hereafter, but it’s not the only one. Islam itself teaches its follower to be rich spiritually and materially. With wealth that he owned, a Moslem is expected able to help alleviating his brothers’ burdens". Islam has principle better to give than to receive or better hand above rather than hand under", said the man that has motto" better be tithe giver from in tithe receivers".

Being the one who is rich materially needs patience and long struggle, moreover for those who is in the corporate business, has to have specific strategies so that his business can generate profit and grow as expected. "In the business world we must have special tricks to it, so that business we do can generate profit, " he emphasized.

According to Rudi’s experience, some of the strategies he applied in running the business are: first, be honest and be committed, so that people trust to him is well maintained. Secondly, be creative, meaning able to create new innovations and to catch business opportunity. Third, persistent (fighting enthusiasm), meaning not easily give up when experiencing failure. And fourth, perform good silaturrahim (networking/strategic alliance).

The naughty youngest child in the family

Rudi Wirawan Rusli is the youngest son in the family with five children from happy couple H. Hadi Rusli and Hj. Rasyidah." People says that usually the youngest child is spoiled, but actually I did not feel it, " he recall.

When newly born, Rudi ever being assumed as "not the son", because his skin color is differ with his brothers and sisters, if his brothers and sisters have a clean white complexion, his skin is dark. Seeing this difference, his parent ever doubted whether Rudi is their own child, they were afraid if their baby got accidentally exchanged with other baby. But after being convinced by the hospital then his parent believed the baby is really their flesh and blood". This happened probably because when she is carrying me, my mother never take vitamins ", he explained.

In addition to having white skin, his four elder brothers and sisters also were bestowed on bright brain, they always be class champion from elementary to high school, get scholarship and loved by teachers. This condition differs with Rudi , since in the elementary school he often had fight, never been class champion even less to get scholarship. " Since childhood I am naughty, I never been class champion, but praise be to Allah, I remained pass, " he recall.

From profession aspect, Rudi is also very differ from his siblings, if all his four brothers and sisters are office employee, only him who is doing business or be entrepreneur." I myself who is different, since childhood naughty and like fighting, may be influenced as because I am the youngest child" he said.

A turning point

A turning point of Rudi’s life occured when he was in 3rd grade of high school. He came to realize and started to begin to re-arrange his future carefully, he did not want to be the only child that failed in the family. His four brothers and sisters had been successfully enter state college, and if he failed, what happened to his future?. "I didn't want to be the only child who were not succeed", he is determined.

Rudi began to organize the strategy on how being able to be admitted at one of state university, he doesn't want to be the only that child who failed and lost the opportunity studying at quality university. So that, from 3rd grade high school he joined at one of special course institution that preparing students to take state university admittance test. Then he chose University of Brawijaya, Faculty of Economics, Malang as second choice. He did it, just in case he failed in his first choice at University of Indonesia, Faculty of Economics, Jakarta. "I chose University of Brawijaya as second choice after University of Indonesia because at that time the rivalry not yet as tight as at UI or ITB ", he said. This strategy is successful, Rudi didn't pass at UI but he still admitted at University of Brawijaya, Malang.

After admitted as student of Faculty of Economics of University of Brawijaya, Malang, Rudi chose accountancy department, with consideration that accountant will be needed at various business sector. "I enter accountancy department because accountancy is a good basic to enter various area, " he explained.


Starts with “Empek- Empek”

When Rudi were in sophomore, his father who all this time financed his study began entering pension time. This condition, of course, must be anticipated as early as possible, so that his study did not stop in the middle of the way. When one day he was challenged by his father whether he remain to expect monthly transfer until the pension money ran out, meant gnawing his pension money or trying by himself to finance his study. Rudi answered emphatically that will try by himself to finance his study until finish.

With Rp. 2.000.000, - as capital from his father, Rudi began to set the plan on how to turn over the money to finance his live and study at Malang. " It is impossible for me gnawing my father’s pension money, moreover I was challenged, so that finally I chose be given capital. Although initially I was flustered, what kind of business that will be done with capital as little as that", he revealed.

In the middle of his confusion, Rudi began to inventory what business could he carried out with capital only Rp. 2.000.000, -. Various strategy and consideration begin to be thought, until finally he concluded the business that may be carried out has to meet several criteria: First, do not need big capital. Second, paid in cash, that’s not possible for people to owe. Third, has small risk of loss, and. Fourth, has big margin, means that has selling price much higher buying price (capital).

Leaving from four consideration above, Rudi finally decided to make business in food area. But the problems did not end in that point, society condition in Malang at that moment made him think hard to choose kind of food to be sold. " it is impossible if I sell rujak cingur, because so many people sell rujak cingur in Malang, it means that I have to be different other seller, " he said.

Coincidentally Rudi was from Palembang and he likes empek-empek so much, whilst at that time in Malang there’s no one who sells empek-empek yet, it means that if he sells empek-empek there will be no competitor yet. After passing various consideration he finally decided to sell empek-empek, but who will buy the merchandise at city like Malang. " This is Malang not Jakarta " his friends warned him.

His friends anxiety make Rudi felt being more challenged to prove that his business will run well and profitable. Coincidentally, at that time a plaza had just been opened in Malang, so he encourage himself to rent one kiosk in that place. In first day, he invited students from various school and university organizations to eat free of charge in the place, with message if it is not delicious try once again and if delicious don't forget to tell it to another person. " On first day the plaza is opened, it was obvious that my kiosk is the most visited kiosk " he recalled.

From selling empek-empek Rudi was able to finance study, saving, and helping friends that facing cash problem. Even his saving money he used to continue his study in the USA ". The money yielded from selling empek-empek he used to buy airplane ticket to the USA and to take English course, " he said.

Because his savings only enough to buy airplane ticket, so during his first year in the USA, Rudi worked at restaurant to collect money to finance his study. " In day time I work as dish washer at Italian restaurant, while in the evening at French restaurant, but after the study begin I only work as driver part timer at a clinic " he said.

After succeed reaching an MBA degree, Rudi returned to Jakarta and work at Bank Niaga. " I work at Bank Niaga for +/- 9 years, " he said. When he felt that the work experience was enough, Rudi decided to quit and begin to open business.

Rudi had been more than 7 times circled the Middle-East countries as Vice Chairman Middle-East & Organization of Islamic Conference Committee, Indonesian Chamber of Commerce, to promote economic relationship between Indonesia and the Middle-East countries especially to attract investors from the Middle-East to Indonesia, one of strategy that Rudi implemented was to charmed PATRON of their top entrepreneur, HRH Prince Alwaleed (owner of Citibank, etc) through the confer of Doctor Honoris Causa title from University of Brawijaya, Malang, to HRH Prince Alwaleed at Riyadh, Kingdom of Saudi Arabia on 2 June 2008 last year.

Rudi W. Rusli
Jl. Belanak V/6a, Rawamangun, Jakarta, Indonesia
HP: (62) 811132043, E-mail: rudirusli@eurocapitalperegrine. com

Experience :
2006 – 2009 Vice Chairman Middle East & Organization of Islamic Conference Committee, Indonesian Chamber of Commerce & Industry.
Promoting the economic relations between Indonesia and Middle East & OIC Countries.
Wide network & good relationship with Major Institutionals and High Net Worth Individual Investors in Middle East, OIC Countries.

2003 – Present Chairman of PT.Eurocapital Peregrine Securities
Securities house with full Licenses of Brokerage, Underwriting & Fund Management.
Has rich experience in advising world-class company both from Local & Global companies for their Corporate Restructure & Action including Mergers & Acquisitions, IPO, Bond Issuance, and managing Asset Management, etc.

2002 – Present Commissioner of PT. Eurocapital
Direct Investment Management & Holding Co.

2001 – 2003 President Director of PT. Tradin Asia Sukses
ProAct Direct Investment Management
Succesfully arranged, established and manage several investment.

1992 – 2001 PT. Bank Niaga, Tbk
Corporate Banking/ Special Assets Mgt. Group
Credit and Marketing Manager.
Business Development, Evaluated Project Finance/ Working Capital/ Trade Finance/ Treasury Product proposal, Managed Trade Finance and Loan portfolio in amount of +/- Rp 500 Billion and then Restructured the Loan due to economic crisis in Indonesia.


Pro.Certificate/ Course :
Registered Accountant # D-6896.
International Certification Programme in Wealth Management, The University of Greenwich, London, UK
Workshop on The Development of Non-Bank Financial Institutions in Indonesia, The World Bank.
Workshop on The Challenge & Opportunity of Indonesian Debt Market, The world Bank.
Project Finance, Euromoney Institute of Finance.
Advanced Credit Analysis,Euromoney Institute of Finance.
Environmental Risk Analysis, Int’l Finance Corporation.
Chartered Financial Analyst (CFA) Course, AIMR .
Negotiation Skill, John Clement Consultant Inc.
Credit Analysis, Euromoney Institute of Finance.
Executive Development Program, Bank Niaga.
7 Habits of Highly Effective People, by S.Covey.

Education :
1990 - 1991 MBA - International Business/ Finance.
Graduate School of Business, Lincoln University
USA.


1983 - 1988 SE - Registered Accountant # D-6896.
State University of Brawijaya
Malang, Indonesia

Membership : - Indonesian Chamber of Commerce & Industry
- Association of Indonesian Advertising Company
- Certified Wealth Manager’s Association

Social Activity : - Persatuan Tarbiyah Islamiyah, Foreign Relation Department
- ANANDA Foundation, Chairman

Jumat, 28 Agustus 2009

The Corruption?


From the Trial in the Civil Court of South Jakarta, August 26, 2009 :

A strange and awkward matters in The Indonesian SEC

That Mr. Fuad Rahmany, Chairman of The Indonesian Capital Market – Financial Institution Supervisory Board (BAPEPAM – LK) permitting or allowing the use of State Budget (DIPA) year 2009 for improper matter which is indicated for " lobby entertainment" activity, etc., the objectives is presumable to intervene the handling of legal cases etc. to investigating officers of Jakarta Regional Police (Polda Metro Jaya), Major Police Soedjarwo & Major Police Suwarno) and District Attorney (Supriyo, SH) who handle presumption of aspersion case of Mr. Fuad Fahmany as informant and Rudi Rusli as reported (the suspect). Presumably The activity took place at Red Top Hotel, Jl. Pecenongan, Jakarta Pusat on 1 July 2009 - 2 July 2009 as if impressing it was a coordination meeting between institutions, with initial evidance of Letter of Assignment No: ST-188/BL/2009 dated 30 June 2009, which explicitly and clearly mentioned the assignment from Chairman of Bapepam- LK. This assignment letter can be used as the basis to get financing from State Budget (DIPA) Bapepam - LK year 2009 and signed by Head of Legislation and Legal Support Division of Bapepam - LK, Mr. Robinson Simbolon on behalf of Chairman of Bapepam – LK under advice to Chairman of Bapepam- LK as well.

That Bapepam – LK Officials who get the assignment were those parties that related to case problem and do not have the authority to represent Bapepam - LK institution in coordination meeting between institutions, in this case law enforcement institution. So as personnel from investigation department of Polda Metro Jaya and District Attorney Office, they are not authorized persons to represent Polda Metro Jaya and the Attorney Office.

That investigation report (BAP) bundle of presumption of aspersion case with Mr. Fuad Rahmany as reporter has been extradited to Jakarta District Attorney Office (Kejaksaan Tinggi DKI Jakarta) and assumed complete (P21) in April 2009 ago, so that should there is no connection anymore with investigating officer of Polda Metro Jaya.

That is Mr. Fuad Rahmany, Chairman of Bapepam - LK, reported Rudi Rusli to Mabes POLRI on aspersion presumption, which is worried it can be presumed as for the interest of and to support Head of Division Of Bapepam - LK who has protected the suspect of capital market crime Mr. Jodi Haryanto, by not processing report from Rudi Rusli. Furthermore, according to Mr. Mustofa and Mr. Soelchan Arif who have acknowledgement from Mr. Jodi Haryanto that the Head of Division had receive the bribe from Mr. Jodi Haryanto.

That Mr. Fuad Rahmany, Chairman of Bapepam - LK, has declared that PT. Eurocapital Peregrine Securities (EPS) case does not belong to capital market case and only personal enmity between Mr. Jodi Haryanto and Mr. Rudi Rusli (quoted from:www.detik Finance, " Bapepam Tak Urusi Kasus Eurocapital" , Friday, 20 Marc 2009, 14:40 WIB; www.surabayapos.com, " Minta Kepastian Bapepam- LK ”; Wednesday, 25 March 2009, 12:51 WIB, Metro TV).

That thereby, indirectly it means that Mr. Fuad Rahmany, Chairman of Bapepam - LK, it is worried can be presumably to have participate protecting capital market crime done by Mr. Jodi Haryanto, by letting our report not being processed properly by Bapepam - LK, so that till now there is no clarity about its completion.

On 29 May 2008, EPS has sent letter of plaint ref. no. 1171/DIR/EPS/05/08 that attributed to Chairman of Capital Market Supervisory Board - Financial Institution (BAPEPAM - LK) regarding strong indication of unlawful conduct of fund embezzlement and the change of management of EPS. In this letter we reported a very strong indication of the occurrence of unlawful conduct of company’s and clients’ fund embezzlement by Mr. Jodi Haryanto (President Director of EPS) through investment management contract - KPAI (discretionary fund) i.e. KPAI of Mr. Johny Widjaja amounting to Rp 25 billion.

That on 15 July 2008, we have given explanation to Capital Market Supervisory Board - Financial Institution (BAPEPAM - LK) which represented by Mr. Samsul Hidayat, Mr. Edi Broto Suwarno, Mr. Khoirul Muttaqien, and Mr. Moh. Luthfi Mahrus, where I reported PT Duta Anggada Realty, Tbk shares (code DART) that belong to EPS’s customer, Tower Track Ltd, illegally had been taken over by Mr. Jodi Haryanto on 20 September 2006.

That on 17 July 2009, EPS has sent letter of plaint ref. no. 1235/KOM/EPS/07/08 directed to Mr. Arif Baharudin, at that moment hold a position as Head of Transaction and Securities Institution Bapepam - LK. In the letter we again reported a very strong indication of the occurence of unlawful conduct and client’s fund embezzlement by Mr. Jodi Haryanto (including PT Duta Anggada Realty, Tbk shares (code DART) belong to EPS’s customer, Tower Track Ltd, illegally had been taken over by Mr. Jodi Haryanto).

That on 9 December 2008, invited by Head of Transaction and Securities Institution Bapepam - LK - Ms. Nurhaida, EPS attended the meeting represented by Mr. Iwan Muchsinin, Mr. Andjar W. Soehendro, Mr. Hasmono Abdul Fatah and gave explanation to (Bapepam - LK) which is represented by Ms. Agus Saptarina and Mr. Moh. Lutfi Mahrus wrapped in "investigation work paper" and reported PT Duta Anggada Realty, Tbk (code DART) shares belong to EPS’s customer, Tower Track Ltd, illegally had been taken over by Mr. Jodi Haryanto and questioning follow-up by Bapepam - LK on EPS report regarding fraud indication done by Mr. Jodi Haryanto. Bapepam - LK stated will further study the aspect general crime or capital market crime which is related.

That on 17 December 2008, EPS sent letter of plaint ref. no. 1343/KOM/EPS/12/08 directed to Capital Market Supervisory Board - Financial Institution (Bapepam - LK) regarding Report on Embezzlement of Customer’s Shares (code: DART). In the letter we again reported embezzlement of customer’s shares code DART by former managing director of EPS, Mr. Jodi Haryanto, and very strong indication of the occurrence of unlawful conduct of company’s and clients’ fund embezzlement by Mr. Jodi Haryanto (President Director of EPS) through investment management contract - KPAI (discretionary fund) i.e. KPAI of Mr. Johny Widjaja amounting to Rp 25 billion which up until now there is no follow- up at all.

That on 19 February 2009 Mr. Jodi Haryanto gave press release to several mass media i.e.: www. detik. com; Koran Jakarta, regarding returning back of PT Duta Anggada Realty, Tbk. shares (code: DART) belong to Tower Track Ltd that placed in PT. Eurocapital Peregrine Securities, where in that press release it is declared that Mr. Jodi Haryanto has made an agreement with Tower Track, Ltd (DART share owner) to return 20.170.000 DART shares in the amount approximately Rp 5 billion by paying in installments of 6 (six) stages up to the end of year 2009 at the latest and the agreement has been submitted to Head of Transaction and Securities Institution - Bapepam - LK.

That on 19 February 2009, Mr. Sardjito that hold a position as Head of Examination & Investigation , Bapepam - LK in press release at several mass media declared will supervise commitment of former managing director EPS, Mr. Jodi Haryanto, returning back of PT. Duta Anggada Realty, Tbk shares (DART) settlement in the amount Rp 5 billion.

That on 6 March 2009 Tower Track, Ltd, represented by Ms. Wong Stefanie, has sent letter to EPS declared that "Tower Track Ltd never met to make agreement with Mr. Jodi Haryanto or any other parties related to the transfer of 20.170.000 DART shares in the amount approximately Rp 5 billion".

That on 10 March 2009, EPS has sent letter ref. no. 031/KOM/EPS/03/09 directed to Head of Transaction and Securities Institution, Bapepam - LK - Ms. Nurhaida and Head of Examination and Investigation , Bapepam - LK - Mr. Sardjito. In the letter we asked for confirmation whether it is true that Bapepam – LK acknowledged and approved the agreement that made by Mr. Jodi Haryanto and Tower Track Ltd.

That on 17 March 2009, EPS has sent letter ref. no. 033/KOM/EPS/07/08 directed to Chairman of Bapepam - LK - Mr. Fuad Ahmad Rahmany. In the letter EPS would like to ask affirmation and confirmation and the follow-up regarding the embezzlement (illegal transfer) of 20.170.000 shares code DART own by our customer Tower Track Ltd. PT. EPS want to get law assurance from Bapepam - LK that according to Bapepam - LK press release will supervise payment of approximately Rp 5 billion from Mr. Jodi Haryanto to Tower Track, Ltd according to the agreement that has been submitted to Head of Securities Transaction, Bapepam - LK.

Untill today, EPS has not yet get explanation on the certainty of law related to its report regarding strong indication of the company and customer’s fund embezzlement through PT. Duta Anggada Realty, Tbk shares (code DART) and through investment management contract - KPAI (discretionary fund) i.e. KPAI of Mr. Johny Widjaja amounting to Rp 25 billion.

Selasa, 04 Agustus 2009

MISERY AS VICTIM OF THE ABUSE OF POWER, VIOLATION TO THE HUMAN RIGHTS, HARRASHMENT TO THE LAW, TERROR TO THE BUSINESS & INVESTMENT IN INDONESIA


RUDI RUSLI & PT. EUROCAPITAL PEREGRINE SECURITIES COMPLAINT AND APPEAL FOR LAW PROTECTION RELATED TO INDONESIAN CAPITAL MARKET SUPERVISORY BOARD – FINANCIAL INSTITUTION (BAPEPAM – LK) AND JODI HARYANTO (VICE TREASURER DEMOKRAT PARTY) CASES.

Allow me, Rudi Wirawan Rusli, as Chairman and Caretaker of PT. Eurocapital Peregrine Securities (EPS), a Joint Venture Company with Foreign Capital Investment permit, addressed at Plaza Bapindo, Citibank Tower 12 Fl, Jl. Jend. Sudirman Kav. 54-55, South Jakarta 12190, Indonesia, herewith would like to share the legal problems that we are facing.

INDONESIAN CAPITAL MARKET SUPERVISORY BOARD – FINANCIAL INSTITUTION (BAPEPAM – LK) CASE

On 29 May 2008, we have sent letter of plaint ref. no. 1171/DIR/EPS/05/08 that attributed to Chairman of Capital Market Supervisory Board - Financial Institution (BAPEPAM - LK) regarding strong indication of unlawful conduct of fund embezzlement and the change of management of PT. Eurocapital Peregrine Securities (EPS). In this letter we reported a very strong indication of the occurrence of unlawful conduct of company’s and clients’ fund embezzlement by Mr. Jodi Haryanto (President Director of EPS and also Vice Treasurer Demokrat Party) through investment management contract - KPAI (discretionary fund) i.e. KPAI of Mr. Johny Widjaja amounting to Rp 25 billions. Rather than appreciation that we should have received in reporting the fraud, investigation on and prosecution to Mr.Jodi Haryanto, however, in turn BAPEPAM - LK punished EPS by temporary ceasing sanction (suspension) on stock broking activity through its decision letter no. S-3572/BL/2008 dated 6 June 2008 as response towards Mr. Jodi Haryanto’s letter asking voluntary request for suspension. The fact that Mr. Jodi Haryanto is still free up to now.

Realize that the issuance of BAPEPAM – LK letter is strange and awkward, we submit a State Administrative lawsuit towards BAPEPAM - LK through State Administrative Court (PTUN) on 11 September 2008 and revised in investigation preparation stage on 4 November 2008 under case register number 142/G/2008/PTUN-JKT, with summary as follows:

1. Issuance of BAPEPAM – LK’s decision letter number: S-3572/BL/2008 dated 6 June 2008 regarding temporary ceasing of PT. EPS business activity as stock broker has its awkwardness, because prior to the issuance of the letter, Mr. Jodi Haryanto as Director of PT. EPS sent a letter No. 1175/DIR/EPS/VI/08 dated 5 June 2008 regarding voluntarily request for suspension on stock trading transaction to BAPEPAM – LK.

That the fact, BAPEPAM - LK faxed the letter no.S-3572/BL/2008 dated 6 June 2008 regarding temporary suspension of EPS business activity as stock broker on 5 June 2008 at 08.27 PM.

That seen from correspondence between BAPEPAM - LK and EPS all this time, it never happened that EPS send a letter and then on the same day BAPEPAM - LK send back their respond quoting the letter from EPS.

Other than that, BAPEPAM - LK wrote its decision letter number: S-3572/BL/2008 dated 6 June 2008 regarding temporary suspension of EPS business activity as stock broker, was actually on 5 June 2008. So, the BAPEPAM - LK should have typed and dated its decision letter as 5 June 2008.

2. The fact that BAPEPAM - LK is represented by its legal counsel that consist of Dr. MS. Tumanggor, SH, MSi, Sabar Wahyono, SH, Endan Sujati, SH, MM, Farhan Nugroho, SH, MPA, Edi Broto Suwarno, SH, LLM, Khoirul Muttaqien, SH, LLM, Sujanto, SH, MSc, Agus Maiyo, SE Ak, MBus, Iskandarsyah, SH, Rifki Ramadansyah, SH, Ceceh Harianto, SH;

3. Dr. MS. Tumanggor, SH, MSi – the Attorney of BAPEPAM – LK, is Legal Support Manager under division of Law & Regulation of BAPEPAM – LK. He conducted an unlawful act where he is supposed to know that he is not allowed to be a definite legislative candidate as he is still in the status of government employee;

4. The fact that when the case is still underway, Dr. MS. Tumanggor, SH, MSi is not representing BAPEPAM – LK anymore, as he has been dismissed from his position as Legal Support Manager of Law & Regulation Division of BAPEPAM – LK because he was proven being a definite legislative candidate from the Demokrat Party for North Sumatra Region III .

5. That the legal counsel have included receipt of BAPEPAM - LK letter number: S-3572/BL/2008 dated 6 June 2008 regarding temporary suspension of EPS business activity as stock broking, signed by Mr. Dullah as evidence.

6. That BAPEPAM - LK in its verification extradites the receipt of BAPEPAM - LK letter number: S-3572/BL/2008 dated 6 June 2008 regarding temporary suspension of EPS business activity as stock broking to the judge of PTUN assembly;

7. That in the letter, which the receiver name is Mr. Dullah, courier from PT Eurocapital Peregrine Securities with his signature which is assumed as original letter by BAPEPAM - LK;

8. That to test its authenticity, PT. EPS extradite citizen identity card (KTP) with number: 32.03.26.270678.03978 on behalf of Dullah (Proof P-21), which included his original signature as proof to the judge of PTUN assembly, which actually very differ from signature of Mr. Dullah in the receipt of BAPEPAM - LK letter number: S-3572/BL/2008 dated 6 June 2008;

9. That PT. EPS also presented Mr. Dullah as witness at the PTUN court, in which he denied or averse in front of the judge of PTUN assembly that the signature included in the receipt of BAPEPAM – LK letter number: S-3572/BL/2008 dated 6 June 2008 that submitted by the appealed is his signature;

10. That even the judge of PTUN assembly took initiative to command Mr.Dullah to make short signature on paper, which actually also unlike signature included in the receipt of BAPEPAM - LK letter number: S-3572/BL/2008 dated 6 June 2008;

11. That Mr. Dullah denied the signature included in the receipt as as his signature, and the signature included in the receipt is absolutely unequal or different with the signature that reside in KTP and also differs from short signature made by Mr. Dullah in front of the Judge;

12. That after Mr. Dullah’s report on the incident at the PTUN, PT. EPS reported the signature forgery case to the Police Head Quarter (Biro Analisis, BARESKRIM - MABES POLRI) under evidence reports No. Pol: TBL/56/II/2009/Siaga-I dated 26 February 2009 based on police report No. Pol: LP/100/II/2009/Siaga-I dated 26 February 2009;

13. That BAPEPAM - LK in any way can not just punish EPS in form of the suspension sanction without passing the correct procedure based on Chairman of BAPEPAM – LK decision letter number: 16/PM/1998 dated 27 May 1998 regarding guidance in responding to the report or accusation of violation and to perform investigation that hold the procedure; and strengthened also with decision BAPEPAM - LK no: KEP-03/BL/2007 dated 17 January 2007 regarding standard operating procedure, made by chairman of BAPEPAM – LK itself, Dr. Fuad Rachmany; and decree of the Minister of Finance of Republic of Indonesia number: 606/KMK. 01 /2005 dated 30 December 2005, which then replaced with Minister of Finance regulation (PMK) number: 131/PMK. 01/2006 dated 22 December 2006, but has the same content about organization structure of BAPEPAM - LK, formed based on the above regulation, where a violation case which enter into Bureau of Inspection and Investigation after examined and then extradited to Bureau of Regulation and Legal Support (Bureau RLS), then Bureau RLS hold Committee of Sanction Imposition meeting (CSI), and CSI decides what is going to be recommended to Chairman of BAPEPAM - LK, then the sanction being imposed;

14. That in fact decision making process in letter number: S-3572/BL/2008 dated 6 June 2008 regarding temporary suspension of EPS business activity as stock broking and letter number: S-3780/BL/2008 dated 12 June 2008 regarding Limitation of EPS business activity restriction as investment manager that made by BAPEPAM - LK was against decision making process based on Chairman of BAPEPAM - LK decision number: 16/PM/1998 dated 27 May 1998 regarding guidance in responding to the report or accusation of violation and to perform investigation and strengthened also with BAPEPAM - LK decision no: KEP-03/BL/2007 date 17 January 2007 regarding standard operating procedure, and its authority in organization chart based on the Decree of the Minister of Finance of the Republic of Indonesia number: 606/KMK. 01 /2005 dated 30 December 2005, then replaced with Minister of Finance regulation number: 131/PMK. 01/2006 dated 22 December 2006, but has the same contents about organization structure and work mechanism of BAPEPAM - LK;

Considering that EPS is in capital market industry (securities) which its activity and product relates to public (including to manage public fund), so it is an obligation to inform the public on all the real company’s situations, to prevent the incidence of public loss that might happened. Based on the above, as my responsibility as Chairman of EPS, I conducted a press conference on 3 September 2008 to explain the real company’s situation, hoping that the real problem will be known by public to protect public interest. In that conference, I have told that I have reported to Police Head Quarter (MABES POLRI) and BAPEPAM - LK that there was a strong indication that Mr. Jodi Haryanto has committed unlawful conduct.

Furthermore, journalists asked for supporting evidence of the report, several weeks after the conference, journalist keep asking how BAPEPAM - LK responding our report on unlawful conduct (capital market crimes) committed by Mr. Jodi Haryanto.

Worried about the matters would evoke negative news and to preserve BAPEPAM – LK image, we invited journalists to “the after fasting month’s gathering” of EPS, in that occasion we explained the actions taken by BAPEPAM - LK to follow-up problems occurred in PT. EPS, i.e. we mentioned that Bureau of Internal Compliance BAPEPAM – LK have summoned witnesses for explanations. Journalist requested the Investigation Report (Berita Acara Pemeriksaan/BAP), and it was revealed that among witnesses being questioned there were several witnesses who stated that there were several BAPEPAM – LK’s persons who were involved with and received a certain amount of money from Mr. Jodi Haryanto.

Related to the above matters, BAPEPAM - LK is presumed taking preemptive/ counter attack action. It can be clearly seen when Mr. Fuad A. Rachmany as informant, reported us to MABES POLRI under police report number : LP/719/XII/2008/SIAGA II, dated 5 December 2008 and the report has been handed over by MABES POLRI to the investigator at Jakarta Regional Police (POLDA METRO JAYA), with accusation of staining one’s reputation according to paragraph 310 KUHP, where said matters is never across in our mind to do such things.

Upon the above report, we have been called to be questioned as witness with investigator under Kasat I National Security, AKBP Daniel Bolly H Tifaona, Dit. Reskrimum POLDA METRO JAYA on 23 January 2009 by letter No. Pol. S. Pgl/3029/II/2009/Dit. Reskrimum and considering at that time we were very busy, through our legal advisor we requested to postpone the investigation. Although it has been confirmed, the investigator sent the second calling letter on 2 February 2009 through letter No. Pol. S. Pgl/1845/II/2009/Dit. Reskrimum, to do the examination (BAP), and if we did not come, then they would prepare the third calling letter and picked me up with force. This matter is surprising and uncommon, which usually when somebody is unable to present and request postponement so the mentioned is permitted, and when on that agreed date is still not present, so be given the second calling.

During the examination (BAP) there were so many awkwardness, as questions being asked by the investigator of POLDA METRO JAYA not even single question that related to the accusation, even the questions were only around another person who did not do the reporting.

On 16 February 2009, again the investigator calling us by letter No. Pol. S. Pgl/3029/II/2009/Ditreskrimum and our status have turned into to suspected. We requested to postpone the investigation on 2 March 2009, but the investigator did not approve it and sent the third calling letter asking to come on 27 Februarys 2009, according to the investigator if we did not come, so they will prepare the third calling letter and we will be picked up.

Our reasonable request to the investigator that “the after fasting month’s gathering” material with journalists to be put into the BAP, considering that we are being reported because of the news in the newspapers, did not get notion from investigator.

It is strange and awkward that we are being reported for news at mass media which actually under the press/ mass media law scope, but “the after fasting month’s gathering” material that is being put into mass media by press, can not be put into BAP (being rejected by investigator). This problem which is related to the press should be responded through “the rights to answer” mechanism and not through criminalized case. This matter is in accordance with the spirit of President Susilo Bambang Yudhoyono who stated that "we should return to the law, (when problem occurred) there are “the rights to answer” facility, correction right, can go to the Press Council. The spirit is not to criminalize the press" (Bisnis Indonesia, 25 June 2009, Election Column, "SBY Tolak Kriminalisasi Pers" ).

We never touch or even offend the honor of Mr. Fuad A. Rachmany. It is not acceptable when bring the name BAPEPAM – LK institution, as an institution does not have the right to do report (reputation stain). The press conference was conducted to protect public interest because the activities and products of PT. EPS relates to public such as reksadana, stock broker, fund management (discretionary fund) and others to guard BAPEPAM – LK image.

The source of the information regarding the bribery is Mr. Jodi Haryanto’s confession to Mr. Mustofa, who then delivered Mr. Jodi Haryanto’s confession to us and to Head of Internal Compliance of BAPEPAM - LK, so that the reporting towards us is wrongly addressed (error in persona). The investigator should ask Head of Internal Compliance BAPEPAM - LK for confirmation, including its witnesses and the investigator from Inspectorate General of Ministry of Finance that investigate BAPEPAM - LK.

So far we feel the existence of discrimination and injustice in legal process we faced. We are examined by investigator under Kasat I Keamanan Negara (National Security) is imprecise and over do, proven by that there is even no single paragraph in Criminal Law Legislation Book (KUHP) about national security accused, but only paragraph 310 KUHP, and the investigator refused to insert “the after fasting month” gathering into BAP.

Up until now, the report that we have submitted commencing from the date of 29 May 2008 to BAPEPAM - LK regarding indication of violation of law (capital market crime) conducted by Mr. Jodi Haryanto is going nowhere or the conclusion is still not clear.

Right now the status of our case have been handed over by the investigator of POLDA METRO JAYA to Jakarta Attorney office, with distric attorney (JPU) Mr. Supriyo, SH.

MR. JODI HARYANTO (Former President Director of EPS & Vice Treasurer Demokrat Party) CASE.

On 11 July 2008, we sent a report letter ref. no. 1226/KOM/EPS/07/08 directed to Police Headquarter (BARESKRIM MABES POLRI) regarding presumption of fund fraud conducted by Mr. Jodi Haryanto. BARESKRIM MABES POLRI responded our letter by sending request for confirmation letter no. Pol. R/233/VIII/2008/DIT II Eksus dated 6 August 2008, and in accordance with the above letter, on 12 August 2008, we have reported Mr Jodi Haryanto as former President director of EPS to MABES POLRI with evidence of report no. Pol. TBL/245/VIII/2998/Siaga-I, and police report no. Pol. LP/462/VIII/2008 in presumption of criminal case of signature forgery, embezzlement and money laundering.

Embezzlement report:

1. Inter-company account mortgage at Bank Central Asia (BCA) :Rp. 9.303.887.587, -

2. Stock embezzlement of Duta Anggada Realty, Tbk (DART) :Rp. 5.800.000.000, -

3. Investment Management Contract ifo Johny Widjaya :Rp.25.000.000.000, -

4. Investment Management Contract ifo PT. Reasuransi Nasional :Rp 15.000.000.000,-

Indonesia (NASRE) – NASRE is a subsidiary of State Owned

Company PT. Askrindo (Persero)

5. PT Bank Persyarikatan Indonesia time deposit clearance :Rp.14.906.250.000, -

6. Investment Management Contract ifo Sri Naluri :Rp. 1.000.000.000, -

7. Placement at PT. AIM :Rp. 3.000.000.000, -

8. Placement at PT. TRUST Securities :Rp. 1.500.000.000, -

9. Placement at PT. Kalimaya Perkasa Finance :Rp. 350.000.000, -

10. Loan to PT. Dapenbun Investama :Rp. 2.100.000.000, -

TOTAL :Rp.77.960.137.587, -

It is possible that the total amount of fund embezzled by Mr. Jodi Haryanto is more than the above amount, because of lack of evidence then only part of the amount that we reported, so as with the investigator, only investigate just part of the items we reported, so that there may be found difference in amount with investigation report conducted by the investigator.

Based on the above matter, the investigator has concluded that the element of criminal case of embezzlement in service as according to paragraph 372 KUHP jo paragraph 374 KUHP is fulfilled.

Signature Forgery Report

Forgery is done by Mr. Jodi Haryanto towards the signatures of the Management and Commissioner of EPS that is: Muhamad Rivai (Director), Rudi Wirawan Rusli (President Commissioner) and Patrick Morris Alexander (Commissioner), in the process of mortgaging inter- company account of EPS at PT. Bank Central Asia (BCA) KCU Wahid Hasyim (KCP Tanah Abang). In this forgery case a forensic laboratory investigation had been done by investigator with result "non-identical" as according to result report no: 1808/DTF/2008 dated 23 October 2008.

The investigator has also investigated and completed the BAP towards witnesses, including 2 key witnesses that watching/ witnessing directly at the time Mr. Jodi Haryanto forging the signatures.

Based on the above matters, the investigator has concluded that the element of criminal case of signatures forgery as according to paragraph 263 KUHP is fulfilled.

Money Laundering

Some of the fund being embezzled is indicated being used to do other financial transactions which is presumed not legal with the objective to blur the origin of the money, which then the result was used for his personal interest. On above mentioned reporting, upon us and 33 other witnesses (according to investigators) has been done investigation report (BAP) by Major (Kompol) Wagiman as investigator in Directorate II Special economy BARESKRIM, under Kanit Colonel (Kombes) Pol. Pambudi Pamungkas.

Based on the above matters, the investigator has concluded that the element of criminal case of money laundering according to Section 3 Law No. 15 Year 2002 and changed to Law No. 25 Year 2003 is fulfilled.

Based on the evidences and witnesses that have been made its investigation report (BAP), MABES POLRI in this case Division Head of Public Relation Major General (Irjen.) Pol. Abubakar Nataprawira in his statement at several mass media in November 2008 has determined Mr. Jodi Haryanto as a suspect.

Considering the existing evidence, 33 witnesses that have been made its investigation report (BAP), and to uphold the law at our country, so we submitted law protection request to Chief of Indonesia Police (Kapolri) and Inspector of General Supervision (Irwasum) MABES POLRI on 15 January 2009 to help legal problem that we are facing.

Based on our request, Irwasum has issued his Official Letter (Nota Dinas) which is followed up by the issuance of progress report of investigation result (Surat Pemberitahuan Perkembangan Hasil Penyelidikan/SP2HP) in February 2009 from BARESKRIM MABES POLRI which in brief explaining case development and declare that we as informant has caused investigation process delayed, where according to us the matter is not true because we as informant is strongly expecting and always urging that this case can soon be finished and extended to Attorney General Office in order to get law status clarity of the cases which are very importance for continuance of the company and our employees, and also for customer and third party related to our company.

In response to the above SP2HP, we again undergo final investigation at BARESKRIM on 26 February 2009 so that our explanation/report/submitted evidences are assumed enough by investigator.

Although the threats of punishment from paragraphs being used against presumed criminal cases, and the supportive investigation conclusion are actually sufficient to arrest the suspect Mr. Jodi Haryanto, but investigator did not arrest him with reason that the suspect is co-operative, do not hamper the investigation and will not escape.

In fact, it is the suspect itself who took advantage the opportunity to continuously doing very disturbing maneuver, i.e. intimidation towards informant witnesses (former employees of EPS), lost of evidences (several our company document has lost and has been reported to POLDA METRO JAYA), Mr. Jodi Haryanto also boasted that he would get the letter of investigation ceasing order (SP3), since it is proven that he is still free (not under arrest) until now, so that he influences many people. Mr. Jodi Haryanto was engineering law cases and has reported me (informant) on the engineered cases by doing preemptive/ counter attack and depressed me to drop charges or cancel our report at BARESKRIM MABES POLRI.

The above mentioned is clearly seen when the suspect, Mr. Jodi Haryanto, reported us to Jakarta Regional Police (POLDA METRO JAYA) on 11 November 2008, No.Lap. Polisi: 2752/K/IX/2008/SPK on signature forgery accusation according to paragraph 263 and 266 KUHP, where is the matter we never do at all. Based on the reporting of Mr. Jodi Haryanto, we have been called to be examined as the suspect and BAP was made by investigator under Kasat II Unit Harda Bangtah, AKBP Hilman, Ditreskrimum POLDA METRO JAYA.

Then we are again being called for second investigation/BAP on 3 April 2009, where after investigation, the investigator directly restraint and arrest us (Rudi W. Rusli & M. Putra Amal) by arrestment letter dated 2 April 2009 and detainment letter No. Pol. SP. Han/236/IV/2009/Ditreskrimum & No. Pol. SP.Han/237/IV/2009/Ditreskrimum with reason for further investigation. The other reason of the detainment is possibility that we are going to escape, causing the loss of evidence and repeating same act which is unacceptable at all. Since we are always co-operative in every investigation although letter from Dit. Reskrimum POLDA METRO JAYA we received with intermittent only 3-4 days from denominating time, has permanent and clear address of office and residence, we have the valid and authentic evidences as a means of for reverse verification or to proof that the signature is original property of Mr. Jodi Haryanto. It needs to be underlined that Mr. M. Putra Amal is a key witness (crown witness) for the acts of crime that being done by Mr. Jodi Haryanto.

It is strange and even so awkward during our detainment time of 41 (forty one) days at the prison of Dit. Reskrimum POLDA METRO JAYA, we are not at all ever been inspected or examined by investigator of POLDA METRO JAYA related to the accusation. Giving the impression that we are only being confined in prison without being processed at all, even our request for additional investigation on our BAP to give explanation and evidence that support the statement that we are not guilty at all, did not get any response from the investigator. So the reason of our detainment by the investigator of POLDA METRO JAYA for 41 days" for further investigation" was not proven at all.

What actually happened then was so many parties that claimed themselves as representatives of and to act for Mr. Jodi Haryanto, continuously had been coming to meet us and force us to reconcile (one of them is Mr. " Herman Lie" – who claimed to be one of the vice chairman Bappilu of Demokrat Party), meaning that we must drop charges/ withdraw or cancel our report at BARESKRIM MABES POLRI on Mr.Jodi Haryanto’s case and then in return, Mr. Jodi Haryanto will also withdraw his report at POLDA METRO JAYA on us.

The above mentioned has happened repeatedly even we had told about this to investigators at POLDA METRO JAYA. So that giving the impression that the matter was happening under the investigator knowledge, even our fathom emerged that the matter is really being facilitated by the investigators to help Mr. Jodi Haryanto’s effort to oppress us.

The evidence that Mr. Jodi Haryanto is really true signing the document that was declared non-identical, is a photograph taken by a digital camera showing the signing of the document by Mr. Jodi Haryanto, was being ignored by the investigator.

The existence of the above evidence should have been made as the base and strong reason to do reexamining by forensic laboratory towards the signature that was assumed as non-identical by the investigator. The investigator of POLDA METRO JAYA also did not want to accept company documents that we have as a comparing materials for forensic laboratory to examine document that is presumed being forged, so that comparing material used is only material accepted from Mr. Jodi Haryanto, where we also doubted the validity of comparing documents given by Mr. Jodi Haryanto.

As additional information and it is important to know that Mr. Jodi Haryanto has 7 (seven) citizen identity cards (KTP) with different signatures, and photocopy of those identity cards had been given in to the investigator of POLDA METRO JAYA, but it was not perceived properly.

We have met former Head of Forensic Laboratory Centre (Puslabfor) MABES POLRI and get explanation regarding forensic laboratory test execution process in determining identical or non-identical a proof documents, which one of them is determined by and dependent upon the supply of comparing document that given by informant to forensic laboratory official. Considering that Mr. Jodi Haryanto (informant) owns 7 KTP with various version of signatures, so it is really needed extra carefulness in forensic laboratory investigation, thereby it is really needed to repeat the testing at forensic laboratory with valid comparing documents to obtained the material truth.

Previously, the suspect Mr. Jodi Haryanto also doing counter attack by accusing the bribery of Director of Dana Pensiun Semen Padang and forgery of document/signatures of Mr. Jodi Haryanto, according to calling letter No. Pol. : Spgl/3170/XI/2008/ Ditrekrimsus from Unit III SatV/Korupsi Ditreskrimsus POLDA METRO JAYA. This accusation was not proven as at the time of the transaction I was abroad, proved through my passport.

Mr. Jodi Haryanto accusation regarding signature forgery of document addressed to Dana Pensiun Semen Padang was also toward Mr. Benny (President Director candidate of EPS). After the first investigation (BAP I) where Mr. Benny was as witness according to calling letter No. Pol. : Spgl/2911/X/2008/Ditrekrimsus dated 30 October 2008, then only after a few days, straightaway Mr. Benny was determined as suspected by Directorate of Special Crime POLDA METRO JAYA according to No. Pol. : Spgl/3171/XI/2008/Ditrekrimsus dated 21 November 2008. Finally, Jodi Haryanto could not prove his accusation on us, instead, we even have proved reversely with evidences to the investigator of POLDA METRO JAYA. Up until now the case is still suspended at the investigator of POLDA METRO JAYA.

The investigator of BARESKRIM MABES POLRI, based on explanation from 33 witnesses on BAP, augmented with existing evidence, concluding that the suspect Mr. Jodi Haryanto has fulfilled the all elements of crimes and can be suspected of doing (i) criminal act of service embezzlement as according to paragraph 372 KUHP jo paragraph 374 KUHP; (ii) criminal act of signatures forgery as according to paragraph 263 verse (1) and verse (2) KUHP; and according to expert witness from PPATK (Financial Transaction Analysis Reporting Centre) that has fulfilled the element of (iii) money laundering as mentioned in Section 3 UU no. 15 year 2002 and changed to UU no. 25 year 2003.

Considering that the suspect Mr. Jodi Haryanto all this time does not have responsibility to his family and also does not have clear address of his permanent residence, so there is indication to escape at the time the court verdicts this case, and also related to strong indication of money laundering, It is fair to be questioned, why does the suspect Mr. Jodi Haryanto not arrested up till now and his entire bank accounts not blocked? Also why are there No tracing its flow of fund and No cooperation with the PPATK?

So far we feel the existence of discrimination and injustice in course of law that we faced, the case we report beforehand to BARESKRIM MABES POLRI need so long time and difficult process to be completed and given in to general prosecutor/court, with suspected Mr. Jodi Haryanto that is still free (not under arrest) and doing improper maneuvers. While on the counter attack/ slender by Mr. Jodi Haryanto through POLDA METRO JAYA, we are straightaway determined as suspected, with only being investigated/BAP twice and directly being arrested in very brief process, which we consider has no basis whatever and neglecting all evidences and witnesses we submitted. Even in 41 (forty one) days of detainment, we were not further processed, except only being pressured to withdraw our report on suspected Mr. Jodi Haryanto at BARESKRIM MABES POLRI.

Right now the status of our case have been handed over from the investigator of POLDA METRO JAYA to Jakarta Attorney Office with attorney (JPU) Mr. Sudihardjo, SH. While the case of suspected Mr. Jodi Haryanto have been handed over and handled at Attorney General RI office with attorney (JPU) Mr. Supardi, SH.

Through this release we seek assistance and/or support from any parties who is empathy to us on the case we are facing. We hope the further process will be running properly in accordance with law norm, professionalism and operative rules, without the existence of discrimination, political influence, money power and so on. So that the principles of truth, justice and equal right in law genuinely can be maintained and the assurance and certainty of law can be preserved.

If needed, we will provide related evidence and documentation.

Thank you for your kind support and attention.

Yours faithfully,

Rudi Wirawan Rusli

Chairman /Caretaker

YAYASAN ANANDA, Acc# 064-01-63638-00-5 CIMB NIAGA BANK, Jakarta Indonesia.


Pictures evidence:

Jodi Haryanto was signing the PT.EUROCAPITAL's Shareholders Meeting Documents which he reported forgery to the Police as his counter attack based on SLENDER