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
