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 impact does the recent ruling on Governor Sahbirin Noor’s pretrial petition have on the future operations of the KPK in Indonesia?
**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 concerning Governor Sahbirin Noor has certainly sparked discussion. Can you share your thoughts on the court’s acceptance of his pretrial petition?
**Castro:** Thank you for having me. The court’s decision was, in my opinion, expected. We had anticipated that the Corruption Eradication Commission (KPK) would struggle with this case. Their failure to properly investigate Sahbirin Noor prior to labeling him a suspect was a critical misstep.
**Interviewer:** You mentioned that the KPK has been losing its “instinct” in fighting corruption. Can you elaborate on that?
**Castro:** Absolutely. I believe there’s a systemic issue within the KPK that has led to a decline in its effectiveness. The commission seems to have lost its drive and thoroughness in gathering evidence and conducting proper investigations. This setback shows that the KPK is not adequately preparing for legal challenges, which ultimately weakens its position against corruption.
**Interviewer:** What do you think are the implications of this ruling for the KPK moving forward?
**Castro:** This ruling sends a clear signal that the KPK needs to reassess its strategies and methodologies. If it continues to disregard the necessary investigative processes, it risks further losses in future cases. The KPK must reclaim its reputation as a formidable institution that corrupt officials fear.
**Interviewer:** Do you believe this situation is exacerbated by recent changes in the Corruption Eradication Commission Law?
**Castro:** Yes, it’s a significant factor. The revisions have not handed the KPK the strength it needs; instead, they have contributed to its vulnerabilities. The loss of public trust and internal motivation has made it easier for corrupt practices to thrive.
**Interviewer:** Lastly, what do you suggest the KPK should do to address these issues?
**Castro:** The KPK must focus on rebuilding its investigative framework and ensuring that it adheres to due process rigorously. They should also invest in training and internal systems that empower them to tackle corruption effectively. Only then can they hope to regain the public’s confidence and become a deterrent to corrupt practices once again.
**Interviewer:** Thank you, Castro, for your insights. It will be interesting to see how the KPK adjusts after this ruling.
**Castro:** Thank you for having me. I hope to see positive changes soon.