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).
news">Also read: Due to disappearance, KPK considers Uncle Birin’s pretrial invalid
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.
news">Also read: Sahbirin Noor Missing, KPK Examines 5 Witnesses
“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.
news">Also read: KPK Pockets Sahbirin Noor’s Escape Location
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.
news">Also read: Sahbirin Noor Has Not Been Detained, KPK Denies Selective Slashing
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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In what ways can the KPK learn from past pretrial ruling losses to enhance its future performance against corruption?
**Interview with Herdiansyah Hamzah, Researcher at the Anti-Corruption Study Center (SAKSI) at Mulawarman University**
**Interviewer:** Thank you for joining us, Castro. The South Jakarta District Court recently declared the determination of Sahbirin Noor as a suspect by the KPK invalid. What are your thoughts on this ruling?
**Castro:** Thank you for having me. I must say I am not surprised by this decision. We had anticipated that the KPK would struggle in the pretrial, given the evidence or lack thereof that seems to underline this case.
**Interviewer:** You mentioned that the KPK seems to have lost its instincts in eradicating corruption. Can you elaborate on that?
**Castro:** Certainly. This situation indicates a deeper issue within the KPK itself. It appears that there’s an acute “disease” affecting the commission, suggesting they’re not fully engaged or passionate about their mandate anymore. Their recent performances show a troubling trend of inadequately scrutinizing evidence and witnesses before making serious allegations.
**Interviewer:** What do you think led to the court’s decision to declare Sahbirin Noor’s suspect status invalid?
**Castro:** The court’s decision stems from the KPK’s failure to properly investigate Sahbirin Noor prior to his designation as a suspect. They did not examine him as a potential suspect, which is a basic procedure in such cases. This oversight speaks volumes about their current operational standards.
**Interviewer:** You also mentioned that the KPK has not learned from its past losses in pretrial proceedings. What do you believe needs to change within the KPK?
**Castro:** The KPK needs to regain its authority and reputation as a formidable institution against corruption. They must prioritize thorough investigations and consciously avoid repeating past mistakes. Without a renewed commitment to rigor and accountability, they risk becoming ineffective in their role.
**Interviewer:** Lastly, in light of this ruling, what suggestions would you offer to ensure more effective future operations for the KPK?
**Castro:** The KPK must invest in more exhaustive training for its personnel, enhance its investigative protocols, and undertake reforms to ensure that it operates with greater transparency and accountability. Building public trust and credibility should also be at the forefront of their agenda to truly combat corruption effectively.
**Interviewer:** Thank you, Castro, for sharing your insights on this critical issue.
**Castro:** Thank you for having me. It’s essential that we continue to discuss and critique these developments to encourage real improvements in our fight against corruption.