PALEMBANG, GESAHKITA COM—Armansyah Bin Syamsuddin will never stop struggling in seeking a sense of justice from the entanglement of the Palembang District Court Judge who sentenced him into 7 years in prison.
Husni Chandra is as his attorney in this case, wrote his statement, that the case was found that his client violated the Banking Law Article 49 paragraph 1.a and paragraph 2.b in which the client was charged by the wrongdoing namely false recording and lack of caution.
Husni Chandra states his opinion that the Banking Law Article 49 paragraph 1.a and paragraph 2.b are rubber articles (lack of prudence), because of the mistake that his client was caught in the trap of suspected (of the law), since no other article was found in Indonesian Banking Law system that could ensnare his client, apart from the simple mistakes made. (Mr. Armansyah the Former Director Rural Bank belongs Palembang Local Government).
“The carelessness”means in the article 49 paragraph 1.a and paragraph 2.b seems like a rubber article, because it is not found in another article to ensnare Mr Arman into the suspect. So that the article 49 is used, since what so called of wrong doing and not carefully doing remains uncertain, “said Husni Chandra .
Husni Chandra then stated, the facts of the trial there was no loss, either from the state or from the bank where his client (Mr Armansyah) served and worked.( Palembang Rural Bank).
“And even the credits that are said to be stuck have now been paid off,” he added.
Even so, Husni Chandra thinks that there is nothing wrong actually with the Banking Law, which applies equally to both commercial banks and rural banks.
“The application of Article 49 is misguided. As the matter of fact, that there is no impact of material losses. In accordance with the principle of causes and effect as well as the principle of materiality, however, Mr. Arman was charged into a crime,” he said.
It cannot be denied that there are some differences between Palembang Rural Bank and Commercial Banks. For example, in terms of capital, BPR (Rural Banks) have small regional capital and their work is for local business only in the province. Meanwhile, commercial banks have large working areas, national and cross-provincial.
“So what my client (Pak Arman) has to accept for the verdict of the Palembang District Court trial is a shape of “Penzoliman” or Human Torment,” he said.
Husni Chandra stresses in his statement, before this case got into the realm of law, if there was an error or mal-administration, why did not the case settle into the Ultimum Remedium Principle or civil and administrative settlement.
“And if the civil and administrative law cannot be resolved, then criminal law will be applied,” he continued.
Husni Chandra then added that this Banking Law is a kind of the Ultimum Remedium Principle .
“It has been found clearly in this case, that there is a credit agreement, there is collateral. And the credit is paid off. So what does it for, to forward this case into the criminal. That’s why to say that this judiciary is too sloppy and misguided, “he said.
The judicial review of the banking law to the Constitutional Court
Husni Chandra further explained that his client’s efforts continue to struggle to find legal certainty and justice that are truly civilized and have submitted an application to the Constitutional Court (CC) registered by Case number 58 / PUU-XIX / 2021.
“My client (Mr. Arman) continues to fight for himself in this matter, feels of being humiliated due to the implementation of the Rubber Law (lack of prudence) contained in the Banking Law Article 49 paragraph 1.a and paragraph 2.b where the Palembang court ensnared my client senselessly for 7 years in prison, “ Explained him.
Besides, Husni Chandara also conveyed that what his client (H Armansyah Bin Syamsuddin) is currently fighting for is not only for himself personally, but in fact there are many bankers throughout Indonesia experiencing the same fate as his client who was persecuted by Banking Law Article 49 paragraph 1.a and paragraph 2.b.
“So the judicial review of the banking law toward the Constitutional Court (CC) is also intended to stop criminalization in the future,” he added.(**).
Source : Husni Chandra & Partner Law Office
Edited : Arjeli Sy Jr
