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 have recent legal changes impacted the operations and powers of the Corruption Eradication Commission?
**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 declaring Governor Sahbirin Noor’s suspect status as invalid has stirred considerable debate. What are your thoughts on this development?
**Castro:** Thank you for having me. To be honest, I was not surprised by this outcome. We had anticipated that the Corruption Eradication Commission (KPK) would struggle in this pretrial because of how they approached the investigation.
**Interviewer:** You mentioned a “kind of acute disease within the KPK.” Could you elaborate on that?
**Castro:** Absolutely. I believe that the KPK has lost its instinct and passion for fighting corruption. This decline significantly hinders their ability to effectively uncover and prosecute corruption cases. Their failure to thoroughly vet evidence and witnesses before making a suspect designation clearly demonstrates this weakness.
**Interviewer:** What implications do you see this ruling having for the KPK and its operations moving forward?
**Castro:** This ruling is a clear indicator that the KPK needs to reassess its methodology. It’s vital for them to learn from their past failures in the pretrial process. This institution should instill fear in corrupt individuals, and currently, they are not achieving that. If they cannot regain their strength and credibility, corruptors will undoubtedly feel emboldened.
**Interviewer:** In your opinion, how has the recent revision of the Corruption Eradication Commission Law affected the KPK?
**Castro:** The revisions have, in many ways, stripped the KPK of its crucial powers and influence. The institution appears to be in decline, lacking the necessary support and direction, which ultimately benefits corruptors. This is troubling for the future of anticorruption efforts in Indonesia.
**Interviewer:** Lastly, what steps do you think the KPK should take to regain its former effectiveness?
**Castro:** The KPK must focus on re-establishing rigorous investigative protocols, ensuring thorough examinations of potential suspects before proceeding with charges. Additionally, they should consider improving transparency and collaboration with other law enforcement agencies to strengthen their cases. Regaining public trust is crucial; they must show that they are committed to combating corruption vigorously.
**Interviewer:** Thank you for your insights, Castro. It’s been a pleasure discussing this critical issue with you.
**Castro:** Thank you for having me. I hope this issue receives the attention it desperately needs.
