By Andi Abdussalam
Jakarta, Sept 30 (ANTARA) - The case of bankrupt Bank Century, which was taken over late last year by the Deposit Insurance Agency (LPS) and received a much-criticized injection of Rp6.7 trillion from the government recently, involves banking crimes, according to an interim auditing report.
Indications of criminal offenses in the Bank Century case were revealed during a closed-door meeting of the House of Representatives (DPR)'s Commission XI for financial affairs on Tuesday night. After studying the results of a progressive report by the State Audit Board (BPK), the House found that various banking crimes had taken place with the bank.
"The banking crimes included misappropriation of promissory notes, fictitious credits, violation of maximum limit of credit provision (BNPK), fictitious spendings and violation of foreign exchange reserves requirement," Commission XI chairman Achmad Hafiz Zawawi said.
The interim auditing report also indicated that abuse of authority or error of judgment by Bank Indonesia (BI/the central bank) and the Financial Sector Stability Committee (KSSK) had also occurred that caused a loss to the state in considerable amounts.
"There was a change in BI requirement which did not receive approval from the DPR, namely the change of the Capital Adequacy Ratio (CAR) requirement from 8 percent to only a positive CAR rate in receiving a short-term financing facility (FPJP)," he said.
The change in the CAR requirement enabled Bank Century to receive the FPJP facility while in fact, if it followed the previous requirement, it had no right to enjoy the facility.
Besides, there was an error of judgment at a meeting of the KSSK which concluded that the Bank Century case could cause a systemic impact so that the injection fund which initially only amounted to Rp630 billion was increased to Rp6.76 trillion.
"We are of the opinion that BI was very weak in its supervision and provided invalid data, so that an error in judging the case had been made," Zawawi said.
After all, the government issued a Government Regulation in lieu of Law No. 4 / 2008 on Financial System Safety Net (JPSK) which basically was never approved by the House.
With the finding, Commission XI recommended that the investigative auditing by the State Audit Board (BPK) should be accomplished immediately, particularly with regard to the disbursement of funds from the LPS.
In the meantime, BPK said it was still continuing its investigative auditing over the Century Bank case while its report to the House (DPR) on Monday was still a progressive and interim in nature.
Acting Spokesman of BPK B. Dwita Pradana said in a written statement made available to ANTARA Wednesday that BPK's progressive report on its auditing of the bank to the DPR reflected what it had achieved so far and it still could develop further.
In its auditing BPK focused its investigation on matters such as the merger process of Bank Century in December 2004 and the granting by the central bank (BI) of a license for the bank to operate as foreign exchange bank.
The auditing was also focused on a violation continuously carried out by Bank Century over the prudential principles since the bank was established until it was taken over by the Deposit Insurance Institution (LPS) in November 2008.
The reason on the granting of a Short-Term Financing Facility (FPJP) amounting to Rp689 billion by Bank Indonesia (BI) was also investigated by BPK.
BPK also looked into the judgment that a failed Bank Century would cause a systemic impact as well as into the safeguarding step taken by the Financial System Stability Committee (KSSK).
It was investigated whether the safeguarding effort was in line with the existing rules, whether the LPS and the KSSK already applied the appropriate procedures in saving the bank, whether BI had provided enough and latest information to the LPS and KSSK on the condition of Bank Century, whether BI, KSSK and LPS had enough early warning systems in anticipating banks' financial difficulties and whether the stress test by BI was based on the latest data.
BPK also gave attention to the reason of raising the amount of funds needed to save Bank Century from Rp632 billion to Rp6.7 trillion, which is more than ten-folds.
With regard to the Government Regulation in lieu of Law No. 4 2008 on the Financial System Safety Net (JPSK) which received neither a clear approval nor rejection of the House, BPK suggested that the House ask for a legal opinion from the Supreme Court (MA), because the matter did not fall under the BPK authority.
Dwita Pradana said BPK found itself that it would need a longer time to accomplish the investigative auditing on the disbursement of funds for Bank Century so that the final report on it might not be finished by the present BPK officials whose term of office was to end on October 19, 2009.
However, BPK will continue to work independently and professionally without the need to be influenced by a political interest.
BPK will submit a final report to the Corruption Eradication Commission (KPK) after the whole investigation processes were completed.
The investigative auditing is being conducted under the request of KPK on June 5, 2009 and the DPR on September 1, 2009. The final investigative report on the results of the auditing would be directly submitted to the KPK and DPR. KPK might not make it public.
Finance Minister Sri Mulyani hoped Tuesday the audit by BPK of Bank Century would remove suspicions over the injection of Rp6.7 trillion in state money into the bank.
"You should no longer suspect the disbursement of the Rp6.7 trillion funds for Bank Century after the BPK has audited it," the minister said
She however suggested that those involved should be investigated if the BPK found any violation.
"If BPK finds any violation, please investigate, and track down the persons who were involved in the violation," Sri Mulyani said. ***1*** (T.A014/a/H-NG/f001 ) (T.A014/A/A014/A/F001) 30-09-2009 09:52:25
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