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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In your opinion, how can public trust in the KPK be rebuilt following the criticism it has faced in light of recent rulings and law revisions?
**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 regarding Governor Sahbirin Noor has caused quite a stir. You mentioned that you predicted the Corruption Eradication Commission (KPK) would lose in this pretrial. Can you elaborate on your reasoning?
**Castro:** Absolutely. From the outset, it was evident that the KPK had not thoroughly prepared their case. A pretrial process demands meticulous attention to detail, and in this instance, the KPK seemed to lack the necessary evidence and witness testimonies to substantiate their claims against Uncle Birin. This pattern of oversight leads to predictable outcomes like the one we saw.
**Interviewer:** You’ve described a “disease” within the KPK. Can you explain what you meant by this?
**Castro:** Yes, I believe there’s an underlying issue where the KPK has lost its zeal for tackling corruption. This has manifested in a series of inefficiencies and mistakes, such as failing to examine suspects before designating them as such. This loss of instinct not only hampers their effectiveness but also emboldens corrupt individuals.
**Interviewer:** It seems that the KPK has been under scrutiny for some time. Do you think the revision of the KPK Law has contributed to this decline in effectiveness?
**Castro:** Absolutely. The revisions created an environment of uncertainty and weakened the Commission’s authority. The KPK has been struggling to regain its footing since then, which has resulted in a significant drop in its reputation. Corruptors now perceive the institution as less of a threat, which is concerning for the fight against corruption.
**Interviewer:** In light of this ruling, what do you believe the KPK needs to do moving forward to restore its credibility?
**Castro:** The KPK needs to undergo a period of reflection and reform. They must learn from past mistakes and prioritize building a solid, evidence-based approach to their investigations. It’s crucial for them to rebuild public trust and once again become an institution that is feared by those engaged in corruption.
**Interviewer:** Thank you for sharing your insights, Castro. Your perspective on the current challenges facing the KPK is enlightening.
**Castro:** Thank you for having me. It’s vital that we keep discussing these issues to foster a stronger anti-corruption movement in Indonesia.
