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SBY Makes Ultimate Decision
“It is my wish that in the first 100 days of this administration, eradication of judicial mafias as part of an overall reform of the legal system will run well and effectively,” the president said.
JAKARTA (PP) – President Susilo Bambang Yudhoyono, contrary to what many politicians and analysts have said over the past week, was firm and decisive on the Chandra/Bibit case, according to prominent academics.
T
he chairman of the Constitutional Court (MK), Moh Mahfud MD, last week said that the president’s nationwide televised speech saying that he prefers to see the case dropped, as recommended by Team 8, showed firmness and fell within the “corridors of law.” “The President was decisive because he said it should not be brought to the court,” said Mahfud, a graduate of the Yogyakarta-based University of Gajah Mada. Mahfud added that the president had also been careful in choosing his words as “No matter what, the president cannot intervene in the case as that would be unconstitutional.” “That falls under the jurisdiction of law enforcement bodies such as the Attorney General’s Office (AGO) and the police.” President Yudhoyono, in remarks on the case, had earlier said that “it would be better if, in the interest of the general public and their sense of justice, that the police and the AGO do not bring the case to the court.” He also called on ‘corrective’ measure against the police, the AGO and the anti-graft body KPK.
Echoing Mahfud’s statement is a legal expert from the University of Jambi (Unja), Winarno SH, who said the president’s stance on the Team 8 recommendation on the Chandra/Biti case was “very wise and firm.” “As a head of state SBY showed wisdom by putting the national interest above all,” Winarno told Antara last week. He also criticized legal experts who made comments on the case in ways that only confused the public, adding that “they should not be giving incomplete analyses and remarks.” “SBY’s stance was correct as it helped to maintain unity in a nation that had been divided over the issue,” he said. President Yudhoyono had earlier said he had been listening to the views and opinions of all sides regarding the legal case of suspended anti-graft body (KPK) commissioners Bibit Samad Rianto and Chandra Hamzah. The President, in a get-together with news editors here on Sunday on the week before last, pledged that that the government would make the right decision to put an end to the polemics regarding the two KPK deputy chairmen. “I have been listening to the
“The President was decisive because he said it should not be brought to the court,” said Mahfud.
thoughts, opinions and positions of the general public in Jakarta and in other regions. I also heard what was reported by the police and the attorney general although I did not make any technical interference. I also listened to the Team 8 and various sides, and had consultations with MK and MA,” the president said. The head of state expressed his stance of staying away from the legal area and refrain from taking action beyond his mandate. He said that the party which had the right to determine whether or not a person was guilty was a court of law. Meanwhile, his spokesman said the president believes the police and the AGO will in the days ahead take action on the case. Julian Aldrin Pasha said that the substance of the president`s speech last Monday was very clear for the police and the AGO to take action.
Julian said the president`s speech was clear and “I think the attorney general understands what the speech means and at who it is aimed at.” The national police announced transfers of posts of several highranking as well as middle-ranking officers on Tuesday, including the transfer of the controversial chief of detectives, Commissioner General Susno Duadji. The police have also handed over the case to the AGO, and that it is now up to them to decide on whether to prosecute Candra and Bibit or not. In a related development, President Yudhoyono is said to preparing a presidential decree (Keppres) to re-activate Bibit Samad Rianto and Chandra M Hamzah as the anti graft body KPK’s commissioners. “If the police or the AGO decides to halt the Chandra/Bibit case, both are entitled to be ac-
tive again,” said a member of the presidential staff that handles legal, human rights issues, and corruption, Denny Indrayana. Denny, who teaches law at the University of Gajah Mada, said the president would soon issue the Keppres once the police or the AGO issues a decree nullifying the case. In another controversial case the president has instructed Police Chief General Bambang Hendarso Danuri and Attorney General Hendarman Supandji to speed up the legal process on the Bank Century case. “I will also take internal government measures and speed up the legal process against Bank Century executives. I have assigned the police chief and the attorney general to do so,” President Yudhoyono here last week. He pointed out that the global economic conditions at the time also prompted a number of oth-
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er countries to adopt certain economic policies. “We should understand that the measures on Bank Century were taken at a time of crisis. Many countries took measures to rescue their banking industries. What BI (the central bank) did in this regards was in an abnormal condition,” he said. Bank Century was taken over by the Deposit Insurance Agency (LPS) late last year after it faced a liquidity problem. The government later provided a bailout of Rp6.7 trillion in a move that was much criticized by the public. The President acknowledged that many questions emerged in the public about the process of disbursing the bailout funds to the bank. “What the House of Representatives and the public are paying attention to now is the extent to which the process of making a
decision to bail out to Bank Century was accurate and proper,” he said. The president’s resolve to put the nation’s judiciary in order took center stage when he said judicial mafias in the country had reached an alarming level, forcing him to take concrete action to root it out completely. Speaking at a plenary cabinet session here recently, the president said, “We are going to formulate concrete steps, including what I will do as president to fight judicial mafias.” The president said if the legal mafia eradication effort ran well and effectively, it would greatly benefit the Indonesian people at large. “It is my wish that in the first 100 days of this administration, eradication of judicial mafias as part of an overall reform of the legal system will run well and effectively,” the president said.
Central Bank Mulls Limiting Foreign Ownership in SBI Analysts have voiced concerns over the excessive amount of hot money that poured into the country through SBI.
Danamon economists said that too much foreign capital inflow into portfolio investments, especially in SBI, could create an unstable capital and financial transaction balance and thus increase the volatility risk of the rupiah,as they are not stable funding sources and as such can be pulled out at any time. Sharing the view is Bank Mandiri Economist Mirza Adityaswara, who sees no positive impact from foreign capital inflow in SBI on economic growth. He said hot money could even create a negative impact as its possible sudden outflow may cause the rupiah to plunge.
He added a bold move from the central bank is needed to stop foreign investors from investing in SBI by revising Bank Indonesia regulations. He said Indonesia is not getting any benefit from foreign investment in SBI because they could not be allocated to other sectors. In fact, he added, it is only burdening the central bank as interests have to be paid. “It is much better to allocate the money in the stock market, bonds or state bonds,” he said. He went on to say that the recent rupiah appreciation was mostly driven by the increasing level of capital inflow in SBI and that the rupiah will quickly depreciate once the capital rushes out. BNI Chief Economist Tony Prasentyantono acknowledged that curbing foreign ownership in SBI could slightly change foreign investors’ positive perception on Indonesia but said the measure is much better and more acceptable than imposing capital control. “We do not want to see BI’s monetary costs swell next year because of excessive capital flow in SBI,” he said. BI is predicted to suffer a budget deficit of up to Rp22 trillion
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ank Indonesia, the central bank, is considering limiting foreign ownership in shortterm Bank Indonesia promissory notes (SBI) after projecting a budget deficit of up to Rp1.905 trillion at the end of the year. “We are studying the possibility to limit foreign ownership in one-month SBI papers. We still need to review its pros and cons before implementing the policy,” BI Deputy Governor Darmin Nasution said recently. Analysts have voiced concerns over the excessive amount of hot money that poured into the country through SBI. Sustainable Development Indonesia economist Dradjad Wibowo urged the government and the central bank to tighten capital market and financial regulations to curb the hot money flow. He said various measures needed to be considered and imple-
mented to prevent speculations that could threaten the national macroeconomic stability. He also suggested the government to regulate all policies related to fund managers, even increasing tax on stocks and bonds by 2% as implemented by the Brazilian government. Wibowo said he has not seen any concrete action yet from both the government and BI to solve the problem. Nasution acknowledged that regulators still have no plan to limit foreign ownership in SBI despite the soaring amount of interest the central bank has to pay. Foreign ownership in SBI reached Rp48 trillion as per November 2009 out of a total of Rp280 trillion. According to BI data, the central bank will have to pay up to Rp18.335 trillion in monetary costs at the end of the year, with a large part of the
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chunk going to SBI interest payment. Meanwhile, BI estimated it will only gain a revenue of Rp16.429 trillion, which translates into a deficit for the central bank. Calls for the central bank to curb foreign ownership in SBI has mounted, as such a measure is considered crucial to minimize the negative impacts brought about by the hot money flow. It is also aimed at getting foreign investors to shift to longer maturities like three-month to one-year SBI notes.
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next year. Meanwhile, Capital Market and Financial Institution Supervisory Agency (Bapepam) head Fuad Rahmany fears that hot money could become a bubble risk. Rahmany said he hasn’t seen it happening yet but added that actions are needed to prevent it from happening as it can impede economic growth. He said the current inflow of capital into the country is still positive for the economy, attributing it to Indonesia’s relatively stable macroeconomic fundamentals. Meanwhile, BI is predicted to allow foreign investors to continue buying SBI. CitiGroup Economist Johanna Chua said there are three reasons why BI will not curb foreign investment in the
short-term instrument. “Curbing hot money will bring a negative impact on the rupiah exchange rate,” she says. She added many can argue that foreign investment in SBI is speculative and non-productive and therefore it is best that the government find other alternatives to diversify foreign funds to other local instruments such as government rupiah-denominated bonds, corporate bonds or shares. On the other hand, Indonesia’s shallow financial condition and non liquid bond and stock markets have caused foreign capital diversification to concentrate on SBI. “So, limiting foreign ownersahip of SBI will only trigger capital outflow and weaken the rupiah,” Chua was quoted as saying
by detikcom. Secondly, the central bank will be seen as inconsistent. Calls to curb foreign ownership in SBI emerged after the central bank disclosed that it was suffering a budget deficit due to swelling monetary costs. Thirdly, inflation rate is moving upward. The widening production gap and rising commodity prices will trigger inflation to rise next year. “Giving room to rupiah volatility by curbing hot money in BI will disrupt BI’s main goal of managing inflation. BI calculated that for every 1% depreciation of the rupiah, it will add 0.07% to the inflation,” she explained. Chua suggested BI to minimize intervention costs and ease inlationary pressure by allowing the rupiah to appreciate.
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Bank Indonesia, the central bank, is considering limiting foreign ownership in SBI
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