Monday, December 14, 2009

Guarding Rights Questionnaire Century Bank Scandal

By: Firdaus Arifin
Writer: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.
Published by : Indonesia Constitutional Law 2009.

session of the House of Representatives (DPR) in the House of Representatives, Jakarta, Tuesday (1 / 12) finally approved the use of questionnaires about the scandal of the rights megacorruption bailout (bail out) Century Bank - now called Mutiara Bank - worth Rp.6, 7 Trillion. And as a follow-up of the ratification, the House also has officially formed a special committee (special committee) to investigate the scandal bank bailout funds on Friday Century (4 / 12). House Special Committee related questionnaire bailout fund scandal Century Bank consists of 30 members of the House, where most members coming from the Democratic faction that amount to 8 people, 6 of the Golkar Party, and Party of Struggle PDI 5 people and the remainder from other parties parties, such as PKS, PAN, PPP, PKB, and the Party Party Gerindra Hanura. Later, the Special Committee bailout fund questionnaire Century Bank is expected to be able to open completely dark veil that covered the scandal. So do not be a very protracted debate will ultimately confuse the 200 million people of Indonesia.

Five Points

When examined, at least there are five important points to be peeled Questionnaires completed by the Special Committee in the investigation Century Bank opened mystery bailout fund scandal Century Bank. The fifth point, First, determine how far the government implement laws and regulations in force related to the decision to withdraw funds for Rp.6 bailout, 76 billion for the Bank Century, as well as indications of violations, whether they are criminal or civil violations. Second, in a transparent unravel the complications that accompany the release of funds bailout Century Bank, as Bank Indonesia's rule change made suddenly, alleged involvement of the Head of Criminal Investigation Police Headquarters Komjen Susno Duadji customer in the withdrawal of Century Bank Rp.2 trillion, and the possibility of occurred conspiracy among the major shareholders, as well as banking and financial authority of government. Third, investigating the flow in any direction bailout fund flows Century Bank, considering some of bailout funds by the directors of Century Bank invested in the form of Government Bonds and disbursed for major customers Budi Sampoerna. Meanwhile, the interests of small customers just ignored. Fourth, investigate why it happened swelling bailout funds disbursement to reach Rp.6, 76 trillion without parliament approval process. Fifth, knowing how much state losses caused by the bailout fund scandal Century Bank and the extent to which the possibility of saving the state money that can be done.

Constitutional dynamics

Right questionnaire that led to the formation of the House special committee is a dynamic state administration which is set in the 1945 Constitution, especially Article 20A paragraph 2. Viewed through the lens of constitutional law, the right questionnaire is one of the functions of the House or the parliament in conducting oversight (control) of the policy already decided and run the government. Right questionnaire is a reasonable political move, therefore it should all parties (read; government) do not consider the rights questionnaire as a political maneuver very scary.
Because only a common political move, it is reasonable if the usage rights by politicians senayan questionnaire (House members) followed by a number of political maneuvers, such as lobbying to seek support and build public opinion through the mass media both print and electronic. It all must have in order to realize the purpose of the usage rights questionnaire itself, the screen reveals bailout fund scandal Century Bank to its roots.

Concrete steps

According to his purpose, when will the Special Committee questionnaire bailout funds uncovered Century Bank and unravel the details of these scandal veil, should immediately be followed up by taking concrete steps. If the Special Committee found no indication of corruption policies in the process of bailout funds disbursement or disbursement of funds after the bailout, then the law enforcement officers must immediately investigate to investigate and punish the state officials who are guilty. And if you later found administrative errors, it is necessary to clear administrative sanctions for officials who had committed an administrative violation.

Further concrete steps of the usage rights of this questionnaire to be very important, because if we look back, five surveys of the usage rights of the House had always ended with "nil" or no results. Call it like right misalanya questionnaire increase fuel oil (BBM) in 2005 only resulted in the transfer of the substance to the discussion of issues Budget Changes 2005. Then the fuel price hike right to the questionnaire in 2008 only resulted in demand CPC audit of the national oil and gas exploration. Likewise, the right of a voter registration case questionnaires remained (DPT) on Election 2009. This questionnaire rights end only with the request to the Ministry of the Interior to immediately fix the national population data. Even the two other surveys rights, namely the import of rice and the implementation of the pilgrimage, ran aground in the middle of the road before seeing a bright spot.

Therefore, we all (public) would not want the right questionnaire bailout fund scandal Century Bank is tipped as the five rights of previous surveys. This is because if only result in something that is not obvious, will increasingly reinforce public suspicion, that the usage rights for the questionnaire by the House is only used as political maneuvering and political transactions in the country's elite in reaching the seat of power. And of course the people do not want to see the political maneuvering and political "cow trade" to gain power with the right vehicle bailout fund questionnaire Century Bank. Therefore, it is very naive if the usage rights of the questionnaire is only used as a political investment for the sake of political bargaining power in the future. And if this happens, people will feel betrayed because it is not the name of this questionnaire rakyatlah rolled right?.

We hope that the Special Committee questionnaire right bank bailout funds still stay istiqomah Century can not be bribed by anyone. In addition, the government also must be fair in supporting the opening of bailout funds scandal Century Bank. If indeed there is official (high or low) dipemerintahan involved and guilty should be punished according to the existing legal rules. In doing condemnation (punishmen) should do anything just because a certain group interests.

In the end, we all should continue to support the disclosure of cash flow Century Bank bail out in the open. How, by continuing to provide moral support and contribution, and to keep the usage rights scandal inquiry Century Bank bailout by the House special committee. Whatever form of support we give is a positive step to create a clean government and free of corruption, collusion and nepotism in this country. Hopefully.

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