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.