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 occurs when the Corruption Eradication Committee loses everything after the revision of the Corruption Eradication Commission Law. It loses its passion, parent, embrace, all kinds of problems which make this institution weaker and of course benefit 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 regain public trust and credibility after recent procedural errors and criticisms?
**Interview with Herdiansyah Hamzah (Castro), Researcher at the Anti-Corruption Study Center (SAKSI)**
**Host:** Welcome, Castro. Thank you for joining us today. We understand that the South Jakarta District Court has accepted part of the pretrial petition submitted by Governor Sahbirin Noor. What are your thoughts on this decision?
**Castro:** Thank you for having me. Honestly, I was not surprised by the court’s decision. From the beginning, it was apparent that the Corruption Eradication Commission (KPK) was not adequately prepared, and we predicted that they would lose in this pretrial scenario.
**Host:** You mentioned in your statement that the KPK seems to have lost its instincts in eradicating corruption. Could you elaborate on that?
**Castro:** Certainly. I believe there is a deeper issue within the KPK, almost like an “acute disease,” that has dulled its passion and effectiveness in investigating corruption cases. This defeat highlights their failure to thoroughly investigate all allegations before determining a suspect status. It shows weakness on their part, which is alarming.
**Host:** It seems you are critical of how the KPK has operated recently. Do you believe there is a specific event or change that has contributed to this?
**Castro:** Yes, particularly after the revision of the Corruption Eradication Commission Law. Since that change, the agency has seemingly lost its supportive environment and momentum, which is crucial for maintaining its role as a formidable institution against corruption. This situation has inevitably empowered the corruptors.
**Host:** The court mentioned that the KPK did not properly examine Uncle Birin as a potential suspect before proceeding. What implications does this have for the integrity of the legal process?
**Castro:** This is a significant procedural error. The law enforcement agencies need to conduct thorough examinations and gather evidence before labeling someone as a suspect. By failing to do so, it undermines the entire legal process and casts doubt on the KPK’s commitment to transparency and accountability.
**Host:** Thank you for your insights, Castro. What do you believe the KPK should do moving forward to regain its credibility?
**Castro:** The KPK must reassess its strategies, learn from past experiences, and re-establish itself as an institution feared by corrupt individuals. There needs to be a concerted effort to properly investigate and gather the necessary evidence before making any allegations. Only then can they rebuild public trust and effectively combat corruption.
**Host:** Thank you, Castro, for sharing your valuable thoughts on this matter. We appreciate your expertise.
**Castro:** Thank you for having me. It’s important that we continue to discuss and address these issues to strengthen our fight against corruption.