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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What were the key factors that led to the South Jakarta District Court’s ruling in favor of Sahbirin Noor, according to Herdiansyah Hamzah (Castro)?
**Interview with Herdiansyah Hamzah (Castro), Researcher at SAKSI**
**Interviewer:** Thank you for joining us today, Castro. The South Jakarta District Court recently ruled in favor of Sahbirin Noor, declaring the KPK’s determination of him as a suspect invalid. Did this outcome surprise you?
**Castro:** Thank you for having me. To be honest, I was not surprised at all. We had predicted from the very beginning that the Corruption Eradication Commission (KPK) would face a significant challenge in this pretrial. The signs were evident.
**Interviewer:** Can you elaborate on what led you to this conclusion?
**Castro:** Certainly. The KPK has been struggling with its effectiveness lately. Their approach to gathering evidence and examining potential suspects seems to be flawed. This case highlights a deeper issue within the KPK, which I would describe as an acute disease. They’ve lost their instinct and passion for fighting corruption, impairing their ability to properly handle such cases.
**Interviewer:** What do you believe are the implications of this ruling for the KPK?
**Castro:** This ruling is a clear indication that the KPK has not been thorough in its procedures. The court made it clear that Sahbirin should have been examined prior to being named a suspect. This suggests a serious lack of due diligence on the part of the KPK, which ultimately emboldens corrupt individuals.
**Interviewer:** You mentioned that this isn’t the first time the KPK has faced setbacks. What do you think can be done to rectify the situation?
**Castro:** The KPK needs to learn from its past mistakes. They have lost several pretrial cases, yet it appears that there is little reflection on those outcomes. To regain their authority and become an institution that corruptors fear, they must focus on improving their investigative processes and adhering to the rule of law more rigorously.
**Interviewer:** What do you think about the changes resulting from the revision of the KPK Law and their impact?
**Castro:** The revision has stripped the KPK of some essential aspects that once made it a robust institution. There seems to be a perceptible decline in trust and effectiveness. This revision has caused the KPK to weaken significantly, and unfortunately, that is to the benefit of corrupt officials who no longer see them as a formidable obstacle.
**Interviewer:** Thank you for sharing your insights, Castro. It seems there are significant challenges ahead for the KPK in its fight against corruption.
**Castro:** Yes, the road ahead is tough, but with the right changes and commitment to reform, there’s still hope for the KPK to reclaim its purpose and effectiveness. Thank you for the opportunity to discuss this important issue.