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 KPK is not carefully ensuring all the evidence, witnesses or other things needed in the case disclosure process. This proves that the KPK 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 passion, parentage, hugs, all kinds of problems that make this institution weaker and of course benefits 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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How does the recent ruling by the South Jakarta District Court affect the KPK’s credibility in combating corruption, based on Castro’s perspective?
**Interview with Herdiansyah Hamzah (Castro), Researcher at the Anti-Corruption Study Center (SAKSI)**
**Interviewer:** Thank you for joining us today, Castro. The recent ruling by the South Jakarta District Court regarding Governor Sahbirin Noor’s pretrial petition has raised quite a few eyebrows. What are your thoughts on this decision?
**Castro:** Thank you for having me. Honestly, I’m not surprised by the court’s decision. From the beginning, I had predicted that the Corruption Eradication Commission (KPK) would lose this pretrial case.
**Interviewer:** Can you elaborate on why you think the KPK has been struggling in this instance?
**Castro:** I believe there is an acute issue within the KPK that has caused it to lose its drive and instinct for effectively tackling corruption. It appears that they are not thoroughly ensuring that all necessary evidence and witnesses are accounted for in their investigations, which ultimately weakens their position.
**Interviewer:** You mentioned a “loss of passion” within the KPK. What do you think led to this decline?
**Castro:** The KPK has faced numerous challenges, especially after revisions to the Corruption Eradication Commission Law. This has contributed to diminished confidence and effectiveness. The KPK must learn from its past mistakes, especially their losses in pretrial processes, in order to regain the authority and fear they used to command among corrupt officials.
**Interviewer:** The court indicated that there was a lack of examination of Sahbirin Noor as a potential suspect. How does this impact the KPK’s credibility in your view?
**Castro:** It’s a significant blow to their credibility. The court’s decision highlighted that the KPK failed to perform the basic procedural step of examining the suspect before declaring him one. This raises serious concerns about the KPK’s practices and their ability to put together a strong case against suspected corruptors.
**Interviewer:** Lastly, what do you suggest the KPK do moving forward?
**Castro:** They need to reevaluate their strategies, reinforce their investigative processes, and ensure they uphold the integrity of their procedures. It’s crucial that the KPK not only regains its confidence but also rebuilds its reputation as an effective body against corruption.
**Interviewer:** Thank you, Castro, for your insights on this matter. It seems there’s much work to be done for the KPK to reestablish its authority in the fight against corruption.
**Castro:** Thank you for having me. It’s essential that we keep the conversation going about these issues to encourage improvement.
