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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How can the KPK rebuild its credibility and effectiveness in combating corruption?
**Interview with Herdiansyah Hamzah (Castro), Researcher at the Anti-Corruption Study Center (SAKSI)**
**Host:** Welcome, Castro! Thank you for joining us today. Let’s start with the recent ruling by the South Jakarta District Court regarding Governor Sahbirin Noor. What was your initial reaction to the court’s decision?
**Castro:** Thank you for having me. Honestly, I wasn’t surprised. We anticipated that the Corruption Eradication Commission (KPK) would face challenges in this pretrial. Their legal strategy has been questionable in this case.
**Host:** You mentioned a lack of ‘instinct or passion’ within the KPK. Can you elaborate on what you mean by that?
**Castro:** Absolutely. It seems that the KPK has been struggling to effectively gather evidence and witness testimonies. This case highlights a broader issue within the commission; they appear to have lost their edge in handling corruption cases. Their recent revisions of the law have possibly weakened their authority and effectiveness.
**Host:** That’s a bold claim. Do you believe the KPK is learning from its mistakes, especially considering its previous losses in pretrial settings?
**Castro:** It seems they’re not. The repeated failures suggest that there’s a disconnect in how they prepare their cases compared to the past. A strong anti-corruption body must adapt and evolve, but the KPK appears to be stuck in a rut, benefiting those they are trying to prosecute.
**Host:** What do you think needs to change within the KPK to regain public trust and its previous stature?
**Castro:** The institution needs to reestablish its authority and be seen as a formidable opponent to corrupt practices. This could involve a serious reevaluation of their strategies, better training for their investigators, and perhaps a renewed commitment to working within the framework of the law before declaring someone a suspect.
**Host:** The court stated that Sahbirin Noor should have been examined before being labeled a suspect. How critical is this step in legal proceedings?
**Castro:** It is absolutely critical. The failure to properly investigate before making someone a suspect undermines the entire legal process and raises questions about the integrity of the KPK’s investigations. This ruling serves as a reminder that procedural diligence is paramount in upholding justice.
**Host:** Thank you, Castro, for your insights. It seems there are significant challenges ahead for the KPK if they are to effectively combat corruption in the future.
**Castro:** Thank you for having me. I hope to see the KPK regain its momentum and become a true defender against corruption again.
**Host:** We appreciate your time today!
