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 key factors contributing to the Corruption Eradication Commission’s (KPK) current challenges in effectively addressing corruption, as mentioned by Castro?
**Interviewer:** Thank you for joining us today, Castro. With the recent ruling by the South Jakarta District Court regarding Governor Sahbirin Noor, what are your thoughts on the outcome of this pretrial petition?
**Castro:** Thank you for having me. Honestly, I’m not surprised by the court’s decision. From the outset, it seemed clear to me that the Corruption Eradication Commission, or KPK, was going to face difficulties in justifying their suspect status for Sahbirin Noor. They simply did not follow due process.
**Interviewer:** You mentioned a “kind of acute disease” within the KPK. Can you elaborate on that?
**Castro:** Absolutely. I believe that the KPK has lost its instinct and passion for tackling corruption effectively. This loss of zeal has resulted in their inability to construct solid cases. They seem to be overlooking vital steps in the investigation process—like adequately examining suspects before declaring them as such.
**Interviewer:** What do you think the implications of this ruling could be for the KPK and its future operations?
**Castro:** This ruling is a significant blow to the KPK’s credibility. It’s a clear indication that they must reassess their operational strategies and learn from past mistakes. If they do not adapt and strengthen their approach, they risk becoming an institution that is more of a hindrance than a help in the fight against corruption.
**Interviewer:** Some might argue that this ruling could give corrupt officials a sense of safety. What do you think about that perspective?
**Castro:** Yes, that’s a valid concern. If the KPK continues to falter in their duties, it sends a message to corrupt individuals that they can evade accountability. This ruling, together with the recent losses in pretrial processes, may embolden those engaged in corrupt practices.
**Interviewer:** In your opinion, what steps should the KPK take moving forward to regain public trust and efficacy?
**Castro:** The KPK needs a thorough internal review and must return to its roots of being rigorous and uncompromising in its investigations. There should be a renewed focus on thorough evidence collection, diligent examinations of suspects, and a commitment to maintaining high standards of accountability. Only then can they hope to restore their reputation and effectiveness in the anti-corruption fight.
**Interviewer:** Thank you, Castro, for sharing your insights on this critical issue. It will be interesting to observe how the KPK responds to this challenge.
**Castro:** Thank you for having me. Let’s hope for a stronger and more resilient approach from the KPK in the future.