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 will the recent court ruling in favor of Governor Sahbirin Noor affect the KPK’s approach to future corruption investigations?
**Interview with Herdiansyah Hamzah (Castro), Researcher at the Anti-Corruption Study Center (SAKSI)**
**Interviewer:** Thank you for joining us today, Castro. Recently, the South Jakarta District Court ruled in favor of Governor Sahbirin Noor, declaring the KPK’s determination of him as a suspect invalid. How do you interpret this decision?
**Castro:** Thank you for having me. The court’s decision is significant and, frankly, not surprising. From the outset, many of us anticipated that the KPK would lose this pretrial. It underscores deeper issues within the organization regarding their approach to corruption cases.
**Interviewer:** You mentioned that there’s an “acute disease” within the KPK. Can you elaborate on what you mean by that?
**Castro:** Certainly. The KPK seems to have lost its instinct or passion for eradicating corruption, which has resulted in a lack of thorough investigation and inadequate handling of cases. This loss of vigor manifests in their inability to gather sufficient evidence or witness testimonies before declaring someone as a suspect, as was evident in Sahbirin’s case.
**Interviewer:** What do you think the KPK needs to do to regain credibility and effectiveness?
**Castro:** They need to reflect on past mistakes and learn from them. The KPK used to be a feared institution amongst corrupt individuals, but after revisions to their law, they’ve appeared weakened. It’s crucial for them to restore their strength and rigor in investigating corruption cases, to ensure accountability and build trust with the public.
**Interviewer:** In light of this decision, what are the implications for future corruption cases?
**Castro:** This ruling could set a precedent that could be exploited by other potential corruptors, making them feel emboldened. It signals that if the KPK does not get its processes right, suspects may evade accountability. Hence, it’s imperative that the KPK addresses these deficiencies quickly to prevent further erosion of public trust.
**Interviewer:** Thank you, Castro, for your insights on this pressing issue. It’s clear there’s much work to be done in the fight against corruption.
**Castro:** Thank you for shedding light on this topic. It’s essential we keep the conversation going for the sake of transparency and justice.
