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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What factors led Castro to believe that the outcome of Sahbirin Noor’s pretrial decision was not surprising in light of the KPK’s operational challenges?
**Interview with Herdiansyah Hamzah aka Castro on KPK and Sahbirin Noor’s Pretrial Decision**
**Interviewer:** Thank you for joining us today, Castro. You mentioned in your statement that the outcome of the pretrial for Sahbirin Noor was not surprising. Can you elaborate on your reasons for this assessment?
**Castro:** Thank you for having me. Indeed, our team at the Anti-Corruption Study Center had anticipated that the Corruption Eradication Commission (KPK) would struggle in this case. This isn’t just about this particular situation; it’s indicative of a larger issue within the KPK, which appears to have lost its edge when it comes to tackling corruption effectively.
**Interviewer:** You referred to a “disease” within the KPK. Can you clarify what you mean by that?
**Castro:** Yes, I believe that the KPK has become somewhat complacent. They seem to lack the diligence needed in collecting evidence and examining witnesses before proceeding with accusations. This defeats the purpose of their role in investigating corruption. A stronger commitment to thoroughness and evidence-gathering is critical for restoring trust in their capabilities.
**Interviewer:** Some might argue that the KPK is still a powerful institution. Why do you think they’ve lost their effectiveness?
**Castro:** The changes made to the Corruption Eradication Commission Law significantly impacted its operational capacity. With diminished authority and influence, their once-feared reputation among corrupt actors is at risk. This legislative reform, coupled with their failure to adapt and learn from previous setbacks, has led to a noticeable decline in their performance.
**Interviewer:** How do you see the long-term ramifications of this pretrial ruling for future corruption cases in Indonesia?
**Castro:** The ruling is concerning as it sets a precedent that could embolden corrupt individuals. If the KPK cannot secure a proper conviction, it undermines public trust and can lead to greater impunity among potential offenders. The KPK needs to regain its status as a robust and competent institution to effectively combat corruption in the future.
**Interviewer:** What steps do you think the KPK should take to improve its situation?
**Castro:** They need a fundamental reassessment of their approach to investigations. This includes training staff, reinforcing the importance of thorough evidence collection, and creating accountability mechanisms within the commission itself. Furthermore, restoring public confidence should involve transparent communication about their actions and strategies against corruption.
**Interviewer:** Thank you, Castro, for sharing your insights. It’s clear that the journey ahead for the KPK is crucial for Indonesia’s fight against corruption.
**Castro:** Thank you for having me! It’s an important discussion, and hopefully, these issues will prompt positive changes within the KPK and the broader anti-corruption landscape in Indonesia.