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ELNUSA CASE

The Capital Market and Financial Institution Supervisory Agency (BAPEPAM-LK) stated
that the alleged case of burglary in PT. El Nusa Tbk and PT Bank Mega Tbk occur not because
there is a gap from the applicable regulations. Learning from these cases, the role of the Audit
Committee is very important and influences the Implementation of Corporate Governance, so that
such cases do not occur. The implementation of regulations in the field should be in accordance
with the existing provisions with strict supervision. One of the supervisory mechanisms is the
existence of internal controls, audit committees, commissioners and management that carry out
the principles of good corporate governance (GCG).

GCG is the norm that should be applied, because it is an entire system formed from rights,
processes, and controls, both within and outside the management of the company. For the record,
rights here are the rights of all stakeholders, not limited to shareholders only. Rights are the various
strengths that individual stakeholders have to influence management. The process, meaning the
mechanism of these rights. The control is a mechanism that allows stakeholders to receive the
information needed about the company's activities.

Bapepam-LK will collaborate with Bank Indonesia and PPATK to conduct an inspection,
because this case has dragged a banking issuer, namely PT Bank Mega Tbk. This case is related
to the burglary of Deposit funds at Bank Mega branch Jababeka in the amount of Rp 111 billion,
which is the remainder of Elnusa's fund deposits which were originally placed at Rp 116 M.
According to the Deputy Governor of BI, these problems are related to operational risk and poor
implementation of GCG. This resulted in reduced customer confidence in issuers of Banking,
particularly Bank Mega. The mode that is carried out is by transferring customer money to some
of his companies through forgery of documents and then the money is withdrawn by the employee
to seek profit. This case ensnares the finance director and former managing director of PT Elnusa,
and the Head of the Jababeka Branch Bank and several directors of PT Discovery Indonesia and
PT HAM (Source: Bisnis Indonesia)
GCG principles are as follows:

A. Transparency (Transparency), namely openness in carrying out the decision-making


process and openness in expressing material and relevant information about the company.

B. Independence (Independecy), which is a condition where the company is managed


professionally without conflict of interest and the influence or pressure of any party that is not in
accordance with applicable laws and regulations and sound corporate principles.

C. Accountability, namely clarity of functions, implementation and accountability of the


organization so that company management is carried out effectively.

D. Responsibility, namely the suitability in the management of the company against the
applicable laws and regulations and the principles of a healthy corporation

E. Fairness, namely justice and equality in fulfilling the rights of stakeholders that arise
based on agreements and applicable laws.

In accordance with Bank Indonesia circular letter number 15/15 / DPNP that commercial
banks in Indonesia must implement GCG. Bank Mega's case is related to the loss of a number of
deposits belonging to Elnusa:

1. Transparency : Bank Mega does not disclose material and relevant information regarding
a number of its customer deposits.

2. Accountability : of Bank Mega does not manage deposits in accordance with applicable
laws and regulations and sound corporate principles.

3. Fairness : Bank Mega does not fulfill the rights of its customers by not providing clarity
on lost deposits.