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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What steps should the KPK take to improve its investigative strategies and restore its authority in combating corruption in Indonesia?
**Interview with Herdiansyah Hamzah, Researcher at the Anti-Corruption Study Center (SAKSI)**
**Interviewer:** Thank you for joining us, Castro. The recent ruling by the South Jakarta District Court regarding Governor Sahbirin Noor’s pretrial petition has generated a lot of discussions. As a researcher in anti-corruption, what is your take on this decision?
**Castro:** Thank you for having me. The court’s decision to accept part of Uncle Birin’s pretrial petition and declare the KPK’s suspect determination invalid was not unexpected. We had anticipated this outcome because it highlights several underlying issues with how the KPK manages its investigations.
**Interviewer:** You mentioned that the KPK seems to have lost its “instinct” in eradicating corruption. Could you elaborate on that?
**Castro:** Certainly. The KPK’s recent struggles indicate a kind of fatigue or failure to adapt after the revisions to their law. This has, unfortunately, led to less rigorous case preparation. They have been unable to adequately gather evidence and testimonials, which raises concerns about their effectiveness as an anti-corruption body.
**Interviewer:** Many might wonder how this failure impacts the fight against corruption in the country. What are your thoughts?
**Castro:** The implications are significant. When the KPK loses pretrial cases, it undermines public trust in its authority. Corrupt individuals may feel emboldened, knowing that the enforcement agency is not operating at its full potential. This is detrimental to the broader goal of fighting corruption and maintaining governance integrity.
**Interviewer:** Some critics say that the KPK fails to learn from its past mistakes. Is that a fair assessment?
**Castro:** Yes, that’s a fair characterization. The repeated losses in pretrial cases suggest a lack of reflection and improvement within the KPK. They need to reassess their strategies and ensure that they are thoroughly prepared before pursuing legal actions.
**Interviewer:** What do you think the KPK should do moving forward to regain its former authority and effectiveness?
**Castro:** The KPK should return to its core mission with renewed vigor. This includes investing in proper training, gathering extensive evidence, and learning from past failures. Additionally, fostering a culture of accountability and diligence can help reinstate the KPK as an institution that corruptors fear.
**Interviewer:** Thank you for your insights, Castro. It’s clear that the road ahead for the KPK is challenging but crucial for Indonesia’s fight against corruption.
**Castro:** Thank you for having me. It’s essential for Indonesian society to remain engaged in this issue to ensure a transparent and accountable government.