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 occurred when the Corruption Eradication Committee lost everything after the revision of the Corruption Eradication Commission Law. It lost its passion, parent, embrace, all kinds of problems which made this institution weaker and of course benefited 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 are the main challenges the Corruption Eradication Commission (KPK) faces in its current efforts to combat corruption in Indonesia, according to Castro?
**Interview with Herdiansyah Hamzah “Castro,” Researcher at the Anti-Corruption Study Center (SAKSI)**
**Interviewer:** Thank you for joining us today, Castro. After the recent ruling by the South Jakarta District Court regarding Sahbirin Noor’s pretrial petition, what are your thoughts on the decision made by the court?
**Castro:** Thank you for having me. To be honest, I am not surprised by the court’s decision. From the beginning, we anticipated that the Corruption Eradication Commission (KPK) would struggle in this case. The ruling highlights significant flaws in the KPK’s approach.
**Interviewer:** You mentioned that there seems to be a ”disease” within the KPK. Can you elaborate on what you mean by that?
**Castro:** Absolutely. The KPK appears to have lost its instinct and passion for tackling corruption. They seem to be unable to properly investigate cases, as evidenced by their failure to gather sufficient evidence or witness testimony before naming Sahbirin Noor as a suspect. This has certainly weakened the institution’s credibility.
**Interviewer:** What do you believe has contributed to this decline in effectiveness?
**Castro:** A major factor that I see is the changes made to the Corruption Eradication Commission Law. These revisions seem to have diminished the commission’s authority and drive, leading to a situation where corruptors feel more emboldened. The KPK needs to learn from its past mistakes and adapt to regain its stature.
**Interviewer:** How can the KPK rebuild itself and regain public trust?
**Castro:** The commission must refocus on thorough investigations and ensure that all necessary protocols are followed before designating individuals as suspects. Additionally, they need to restore public confidence by demonstrating that they can handle corruption cases effectively and transparently.
**Interviewer:** Regarding the court’s comments about Sahbirin Noor not being examined before being named a suspect, how critical is this in legal terms?
**Castro:** It’s highly critical. Proper legal procedure dictates that potential suspects should be thoroughly scrutinized before formal charges are laid. This oversight indicates a lack of diligence on the part of the KPK and raises concerns about the integrity of their investigations.
**Interviewer:** Thank you, Castro, for your insights. It’s clear that substantial changes may be necessary for the KPK to thrive in its anti-corruption efforts.
**Castro:** Thank you. It’s a crucial time for Indonesia’s fight against corruption, and I hope that the KPK will take the necessary steps to improve.
