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 implications does the South Jakarta District Court’s decision on Sahbirin Noor’s pretrial petition have for the KPK’s credibility and future operations?
**Interviewer:** Welcome, Herdiansyah Hamzah, also known as Castro. Thank you for joining us today to discuss the recent decision by the South Jakarta District Court regarding Governor Sahbirin Noor’s pretrial petition.
**Castro:** Thank you for having me.
**Interviewer:** The court accepted Sahbirin Noor’s pretrial petition and declared the KPK’s determination of him as a suspect invalid. Did this outcome surprise you?
**Castro:** Not at all. In fact, we anticipated this result from the very beginning. The KPK has been struggling, and this loss isn’t surprising given the circumstances.
**Interviewer:** You mentioned that there seems to be a decline in the KPK’s effectiveness. Could you elaborate on that?
**Castro:** Certainly. There’s a sense of what I would describe as an “acute disease” within the KPK. They appear to have lost their instinct and passion for combating corruption, which hinders their ability to thoroughly investigate cases and gather necessary evidence. This lack of rigor proves detrimental to their credibility.
**Interviewer:** Do you think the KPK has learned from past experiences, especially related to pretrial processes?
**Castro:** Unfortunately, it seems they have not. They continue to make mistakes, leading to repeated losses in pretrial scenarios. The KPK should strive to regain its status as a formidable institution that corrupt individuals fear.
**Interviewer:** The court noted that Sahbirin Noor was not properly examined before being declared a suspect. How do you view this oversight?
**Castro:** It highlights a critical failure on the part of the KPK. Law enforcement must ensure proper investigative procedures are followed before labeling someone a suspect. This oversight shows a lack of diligence and has consequences on the integrity of the entire process.
**Interviewer:** Lastly, do you believe this pattern of losses for the KPK could embolden corruptors?
**Castro:** Absolutely. Each loss diminishes their authority and strengthens the resolve of those engaging in corrupt practices. If the KPK continues down this path, it will face even greater challenges in fulfilling its mandate to eradicate corruption.
**Interviewer:** Thank you, Castro, for your insights on this important issue. We appreciate your time.
**Castro:** Thank you for the opportunity to discuss this matter.
