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 can the KPK improve its case preparation and investigative processes to regain public trust and efficacy in combating corruption?
**Interview with Herdiansyah Hamzah, Researcher at the Anti-Corruption Study Center (SAKSI)**
**Interviewer:** Good afternoon, Mr. Castro. Thank you for joining us today to discuss the recent ruling from the South Jakarta District Court regarding Sahbirin Noor’s pretrial petition. What was your initial reaction when the court declared the KPK’s determination of Uncle Birin as a suspect invalid?
**Herdiansyah Hamzah (Castro):** Good afternoon, and thank you for having me. I must say, I wasn’t surprised at all. In fact, our team at SAKSI had anticipated that the KPK would lose this pretrial case. We’ve seen similar patterns in past cases, and this ruling just reinforces our concerns about the KPK’s current state.
**Interviewer:** You mentioned that there seems to be an “acute disease” within the KPK. Can you elaborate on what you mean by that?
**Castro:** Certainly. When I refer to an “acute disease,” I mean that the KPK appears to have lost its core instinct and passion for eradicating corruption effectively. They’re not rigorously preparing their cases, and this has become evident in their numerous pretrial losses. It raises questions about their commitment and ability to manage evidence and testimonies properly.
**Interviewer:** In your opinion, what are the factors that led to this weakening of the KPK?
**Castro:** A significant factor was the revision of the Corruption Eradication Commission Law. This revision affected the integrity and efficacy of the KPK, leading to a loss of confidence, motivation, and cohesion within the agency. Because of this, they’re seen as weaker, which naturally emboldens corrupt individuals and groups when dealing with the Commission.
**Interviewer:** The court indicated that proper examinations of Sahbirin Noor as a potential suspect were not conducted. How important is this procedural aspect in corruption cases?
**Castro:** It’s crucial. The law mandates that potential suspects should be examined before being declared as such. The failure to do so not only compromises the integrity of the investigation but also shows a lack of diligence on the part of the KPK. It demonstrates that they may not be thoroughly considering all aspects involved in building a solid case against suspects.
**Interviewer:** Given this situation, what do you think the KPK should do moving forward to regain its authority and reputation?
**Castro:** The KPK needs to undertake a serious internal evaluation and restructure its approach to preventing corruption. Learning from past mistakes is vital. They must restore their investigative capabilities, conduct more methodical case preparations, and regain the public’s trust by demonstrating that they can hold accountable those involved in corruption, including high-ranking officials.
**Interviewer:** Thank you, Mr. Castro, for your insightful comments. It will be interesting to see how the KPK adapts to these challenges in the future.
**Castro:** Thank you for having me. I hope that the KPK can indeed navigate these challenges and become a stronger institution in the fight against corruption.