Ma’ruf Amin’s Position on Two Banks, Problems for BPN?

By: Alfisyah Kumalasari) *

Prabowo – Sandiaga’s BPN team had questioned Ma’ruf Amin’s position as a Sharia Supervisory Board (DSP) at Bank Syariah Mandiri and BNI Syariah. Because it considers that in law Number 7 of 2017 concerning Elections (Election Law) it is stated that the Presidential Candidates are prohibited from serving as BUMN officials.

The Prabowo – Sandiaga Legal Team commanded by Bambang Widjajanto (BW) leverage the status of KH Ma’ruf Amin in the two Islamic banks. That was then used as an excuse to ask the Constitutional Court to disqualify Ma’ruf Amin.

This was then pushed aside by the KPU commissioner Hasyim Asyari who stated that the two banks were not BUMN but a state-owned subsidiary.
According to him, the position of Ma’ruf Amin is the same as that of Indonesian House of Representatives Candidate Gerindra Mirah Sumirat who is an employee of a BUMN subsidiary.

Of course, the KPU has known Ma’ruf Amin’s position since the beginning of the registration. “So this information is not the initial information for the KPU, this has been known since the beginning,” said Hasyim.
Hasyim is someone who takes care of all registrations to mention that he also requested clarification from various institutions.

But based on the results of the verification, the KPU believes that BNI syariah and Mandiri Syariah banks are not BUMNs.
KPU Commissioner Wahyu Setiawan has also stated that all candidate pairs have fulfilled the requirements as 2019 Presidential Candidates – Cawapres. With the principle the KPU has been working closely to examine the requirements of Paslon, as a result all Paslon meet the requirements as stipulated in the legislation.

The statement is certainly agreed upon by the Jokowi TKN camp – Ma’ruf Amin on the KPU’s statement that all Paslon have fulfilled the requirements as presidential and vice-presidential candidates. TKN explained Ma’ruf Amin’s nominating documents had been through verification.

“Yes, of course (fulfilling the requirements), because of what? Because when Jokowi’s presidential candidate pair with KH Ma’ruf Amin, as well as Prabowo and Saniaga Uno, when they registered all the complete documents were verified, “said Arsul Sani as Deputy Chair of the TKN.

He also requested that the issues related to Ma’ruf Amin’s position in Bank Syariah Mandiri and BNI Syariah need not be disputed anymore. According to him, bringing up the issue of the position of Muhammad as the Supervisory Board in two Islamic banks in the arguments at the Constitutional Court (MK) is an act that is misdirected.

It could be said that the BPN camp was indeed strange if it brought up related to the conditions, because if the matter fulfilled the requirements or not someone as the presidential candidate or vice president was at the time of nomination. This should be questioned at the time before the presidential election was held.

In this case, the position of Ma’ruf Amin is different from the directors, commissioners or employees of Bank Mandiri and Bank BNI, where the state becomes a shareholder through direct participation by placing paid-up capital separated from the country’s wealth. The Prabowo legal team – Sandiaga can also be considered to exist – and try in every way so that Ma’ruf Amin is disqualified.

The matter that was questioned by the BPN was in the improvement of the lawsuit request to the Constitutional Court (MK). However, related to the requirements of the candidate it is not the domain of the authority of the Constitutional Court, the candidate’s requirements are the KPU’s domain.
In addition, BNI Syariah is clearly not part of the BUMN. BNI Syariah Corporate Secretary Rima Dwi Permatasari explained that BNI Syariah is not a state-owned company even though the parent company is a BUMN. So that the procedure for appointing officials does not follow the procedures stipulated in the BUMN law.

“BNI Syariah is not classified as an SOE, considering that BNI Syariah shares are not directly owned by the state,” said Rima.
This statement is strengthened by the fact that state capital for SOEs is through direct participation from separated state assets and all or at least 51% of its shares owned by the Republic of Indonesia.

Even though the Sharia Banking Act has stated that the position of the Sharia Supervisory board is not included in the domain of employees or banking officials, but rather is a separate entity that is specifically appointed as a supervisor.

So what is the problem for the BPN is this an effort to make the champion become president? If indeed Ma’ruf Amin did not pass verification, it is certain that he would not be the pair of incumbent presidential candidate Joko Widodo.

) * The author is a social political observer

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