The South Jakarta (Jaksel) District Court accepted part of the pretrial petition submitted by the Governor of South Kalimantan (Kalsel) Sahbirin Noor or Uncle Birin. The KPK’s determination of Sahbirin Noor as a suspect in the project bribery case was declared invalid.
Researcher at the Anti-Corruption Study Center (SAKSI) at Mulawarman University (Unmul), Herdiansyah Hamzah alias Castro, admitted that he was not surprised that the Corruption Eradication Committee lost the pre-trial proposed by Uncle Birin.
“This defeat is actually not that surprising, in fact we predicted from the start that the Corruption Eradication Commission (KPK) would lose in this pretrial,” Castro told Media Indonesia, Tuesday (12/11).
Castro believes that there is a kind of acute disease within the KPK which seems to have lost its instinct or passion in eradicating corruption, so it is not optimal in uncovering corruption cases.
“This is a sign that the Corruption Eradication Commission has not carefully ascertained all the evidence, witnesses or things needed in the case disclosure process. This proves that the Corruption Eradication Committee is weak in this area,” he said.
Castro believes that the Corruption Eradication Commission also does not want to learn from its previous experience of losing several times in the pretrial process. He believes that the Corruption Eradication Commission should be able to return to being an institution that is feared by corruptors.
“In general, the situation occurs when the Corruption Eradication Committee loses everything after the revision of the Corruption Eradication Commission Law. It loses its passion, parent, embrace, all kinds of problems which make this institution weaker and of course benefit the corruptors when dealing with the Corruption Eradication Commission,” he said.
Previously, the South Jakarta District Court declared the suspect status of the Governor of South Kalimantan (Kalsel) Sahbirin Noor. This decision was based on the Corruption Eradication Commission (KPK) not examining the man known as Uncle Birin before the investigation was held.
“The examination as a potential suspect was not carried out by the respondent (KPK),” said Single Council Afrizal Hady at the South Jakarta District Court, Tuesday, November 12 2024.
The sole panel believes that law enforcers must examine Sahbirin before he is made a suspect. Uncle Birin’s claim of disappearance was ruled out by the judge.
The panel also assessed that the KPK was not serious about declaring Sahbirin a missing person. Because, there is no fugitive status on the wanted list (DPO).
“Based on the arguments of the applicant and respondent along with all the evidence, it turns out that there is nothing to show that the respondent issued a DPO determination letter,” said Afrizal.
Sahbirin was declared missing by the KPK. However, his name has not been included in the wanted list (DPO). The Anti-Corruption Agency believes that Uncle Birin is still in Indonesia.
The OTT in South Kalimantan is related to alleged fraud in giving gifts or promises to state officials. The Corruption Eradication Commission found IDR 12.1 billion from this coercive effort.
The KPK named seven suspects in the OTT in South Kalimantan. They are the Governor of South Kalimantan Sahbirin Noor, the Head of the South Kalimantan PUPR Department Ahmad Solhan, the Head of the Human Settlement Division Yulianti Erlynah, the administrator of the Tahfidz Darussalam House Ahmad, the Acting Head of the Household Division of the South Kalimantan Governor Agustya Febry Andrean, and two private parties Sugeng Wahyudi and Andi Susanto.
Only Uncle Birin has not been detained by the KPK because he was not caught. The remaining six have been languishing in the designated detention center for the first 20 days. (P-5)
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**Interview with Herdiansyah Hamzah (Castro), Researcher at the Anti-Corruption Study Center (SAKSI)**
**Host:** Thank you for joining us today, Castro. The South Jakarta District Court recently ruled in favor of Sahbirin Noor, declaring the KPK’s determination of him as a suspect invalid. What were your initial thoughts on this ruling?
**Castro:** Thank you for having me. To be honest, I wasn’t surprised at all by the court’s decision. We had anticipated that the Corruption Eradication Commission (KPK) would face challenges in this pretrial process, considering their past track record and the circumstances leading up to this case.
**Host:** You mentioned a “kind of acute disease” within the KPK. Can you elaborate on what you mean by that?
**Castro:** Yes, I believe that the KPK has lost its instinct and passion for effectively tackling corruption. This has resulted in a lack of thoroughness in their investigations—not fully ascertaining evidence or properly questioning witnesses, which is essential for building strong cases. It signals a systemic weakness that corruptors can exploit.
**Host:** In your opinion, how should the KPK respond to this loss, and what needs to change for them to regain their effectiveness?
**Castro:** The KPK needs to learn from this experience and past failures in pretrial situations. They should refocus on their foundational mission of eradicating corruption, enhancing their evidence gathering, and ensuring that their investigative processes are robust. If they do not address these issues, they risk becoming an institution that is no longer feared by corrupt officials, which ultimately benefits those engaged in corrupt practices.
**Host:** You mentioned that the KPK’s recent struggles could be linked to revisions in the Corruption Eradication Commission Law. Can you explain this connection?
**Castro:** Absolutely. The revisions seem to have diluted some of KPK’s powers and effectiveness. There’s a perception that the commission has lost its authoritative grip and is struggling with internal issues. This environment of uncertainty has likely affected their morale and operational capabilities, making it easier for corrupt individuals to evade accountability.
**Host:** Lastly, how do you foresee the path ahead for the KPK and cases like this one involving public figures like Sahbirin Noor?
**Castro:** The KPK must undertake significant reforms to regain public confidence and authority. They should not only enhance their investigative practices but also engage with community stakeholders to restore their image and effectiveness. For cases involving public figures, it’s crucial that they re-establish a rigorous and transparent process to ensure justice prevails, regardless of one’s status. Only then can they hope to deter corruption effectively.
**Host:** Thank you, Castro, for your insights on this matter. It’s clear that the road ahead for the KPK is challenging, and we’ll be watching to see how they navigate these issues.
**Castro:** Thank you for having me. It’s crucial that we keep the conversation going about these important issues.