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 occurred when the Corruption Eradication Committee lost everything after the revision of the Corruption Eradication Commission Law. It lost its passion, parent, embrace, all kinds of problems which made this institution weaker and of course benefited 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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In your opinion, what specific steps should the KPK take to regain public trust and improve its investigative practices moving forward?
**Interview with Herdiansyah Hamzah (Castro), Researcher at the Anti-Corruption Study Center (SAKSI)**
**Interviewer:** Thank you for joining us today, Castro. Recently, the South Jakarta District Court ruled in favor of Sahbirin Noor’s pretrial petition, declaring the KPK’s determination of him as a suspect invalid. What are your thoughts on this ruling?
**Castro:** Thank you for having me. I must say I’m not surprised by the court’s decision. From the beginning, we at SAKSI anticipated that the KPK would struggle in this pretrial process. This defeat reflects a deeper issue within the KPK itself.
**Interviewer:** You mentioned a “deeper issue.” Could you elaborate on that?
**Castro:** Absolutely. There seems to be a pervasive lack of passion or instinct within the KPK when it comes to effectively tackling corruption. This has resulted in a failure to collect adequate evidence or assess witness testimonies properly during investigations. The entire situation highlights the KPK’s weakness in handling such cases.
**Interviewer:** Some people might argue that this is just a single case. What makes you believe this is a systemic issue?
**Castro:** This is not an isolated incident. The KPK has lost several pretrial petitions in the past, which suggests a pattern of not learning from previous mistakes. After the revisions to the Corruption Eradication Commission Law, the organization’s morale has declined significantly, impacting its effectiveness. The agency must regain its reputation as a formidable institution that corruptors fear.
**Interviewer:** The court’s decision also noted that KPK did not properly examine Sahbirin Noor before naming him a suspect. How significant is this oversight?
**Castro:** It’s incredibly significant. The failure to conduct a thorough initial examination before making him a suspect violates legal protocols and undermines the integrity of the investigation. It is paramount for law enforcement to engage with potential suspects before jumping to conclusions regarding their culpability.
**Interviewer:** What do you think the KPK should do moving forward?
**Castro:** The KPK needs to reassess its strategies and operations, focusing not only on the weight of evidence but also on thorough investigative practices. Learning from past experiences and adapting to new challenges is essential. If they can rebuild their resolve and more effectively demonstrate their commitment to eradicating corruption, they will regain public trust and become a more formidable opponent to corrupt practices.
**Interviewer:** Thank you for your insights, Castro. It’s a complex situation, and we appreciate your perspective on the KPK’s challenges.
**Castro:** Thank you for having me. It’s vital that we continue to discuss these issues so we can hold these institutions accountable.
