Garut Government Sues Citizen

13 November 2013

The Garut District Government has sued one of their citizens to the Supreme Court after the government lost a trial at Bandung Administrative Court (PTUN)

The lawsuit arose after the Garut Revenue, Financial Management and Regional Asset Agency (DPPKAD) lost in a dispute at West Java information Commission against Donny Setiawan, 37. “This lawsuit is our rights in accordance with the law,” said DPPKAD’s lawyer Margiyanto on Monday, 11 November 2013.

In the verdict dated 19 September 2013, PTUN judges endorsed the Information Commission’s decision. The judges ordered DPPKAD to provide copies of financial transaction documents of BJB, BNI, BRI and Bank Mandiri accounts from 2009 to 2010.

The basis of the dispute is alleged excess budget transfer from the central government of Rp 60 billion for revenue-sharing in 2010. There was also deposit of Rp 200 million that was reported in budget realization.

The budget difference was found in three documents, which are BPK examination report, the Ministry of Finance report about revenue-sharing realization and report of transfer confirmation by Finance Minister.

According to Margiyanto, DPPKAD rejected PTUN decision because it is still non-binding. They also objected to reveal all financial transactions because they are confidential. “Budget use is already in accordance with the regulation. BPK didn’t even find irregularities,” he said.

He hoped the Supreme Court would grant the Garut government’s plea and asked the judges to declare that the bank accounts are confidential. “However, whatever the decision later, we will accept it,” said Margiyanto.

Donny said the lawsuit against him was exaggerated and used to cover up budget irregularities. In the dispute trial, Donny said he only asked for journals and daily financial daily record of DPPKAD, not banking transactions of DPPKAD.

“The local government has no intention to obey the law. This is their arrogance to keep stealing from the people,” he said.


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