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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**Interviewer:** Welcome, Castro. Thank you for joining us today to discuss the recent developments regarding Governor Sahbirin Noor’s pretrial petition. The South Jakarta District Court has declared the KPK’s determination of him being a suspect in a bribery case invalid. What are your thoughts on this ruling?
**Castro:** Thank you for having me. I must say, I was not surprised by the court’s decision. As I mentioned previously, we anticipated that the Corruption Eradication Commission, the KPK, would lose this pretrial case. It’s part of a larger trend that we’ve observed over time.
**Interviewer:** You mentioned a loss of “instinct or passion” within the KPK. Can you elaborate on that?
**Castro:** Certainly. It appears there is an acute problem within the KPK. They’ve become less effective in their mandate to eradicate corruption. This recent outcome is a clear indication that they might not have thoroughly vetted the evidence or witnesses. It raises questions about their diligence and capacity—this weakness has detrimental effects on their credibility and overall efficiency in tackling corruption.
**Interviewer:** It sounds like you believe the KPK hasn’t learned from past experiences. What do you think needs to change for them to reclaim their former strength?
**Castro:** Exactly. The KPK needs to reflect on previous failures in the pretrial process. They should re-establish themselves as a feared entity among corruptors. This revival starts with a rigorous examination of evidence and proper protocol in investigations, including the initial questioning of suspects. Their effectiveness was compromised, especially after recent revisions to their governing laws, which seems to have eroded their resolve.
**Interviewer:** The court also noted that the KPK failed to examine Sahbirin before he was named a suspect. How significant is this oversight?
**Castro:** It’s quite significant. The law mandates that potential suspects must undergo examination before being labeled as such. This procedural misstep not only undermines the KPK’s case against Uncle Birin but also reflects a systemic issue within the organization. It showcases a lack of foundational legal diligence, which is crucial for any law enforcement body’s integrity.
**Interviewer:** Lastly, with Sahbirin Noor’s situation highlighting these issues within the KPK, where do you see this leading in terms of public trust and perceptions of the KPK?
**Castro:** The public’s trust in the KPK is crucial, and events like these harm that trust. If the KPK continues to falter and appear ineffective, it could lead to public disillusionment with anti-corruption efforts in Indonesia. For the KPK to regain its esteemed position, it must demonstrate that it can enforce anti-corruption measures effectively, starting with a rigorous approach to their investigations.
**Interviewer:** Thank you, Castro, for your insightful comments. It certainly seems like the KPK has some challenges ahead.
**Castro:** Thank you for having me. It’s vital that we continue to scrutinize these developments to ensure accountability and integrity in the fight against corruption.
