THE refusal by the Corruption Eradication Commission (KPK) to not seek and detain South Kalimantan Governor Sahbirin Noor is clearly a major mistake. With the evidence in its hands, the KPK could even immediately add his name to the wanted list. The decision to not immediately name him a fugitive means that he was free to lodge a pre-trial lawsuit that will probably result in him no longer being designated a suspect.

The KPK named Sahbirin a suspect on Tuesday, October 8. He is alleged to have taken a five-percent fee from a number of infrastructure projects in South Kalimantan. Previously, investigators detained a number of Sahbirin’s subordinates in a sting operation. The Golkar Party politician, whose whereabouts are not known, then lodged a pre-trial lawsuit with the South Jakarta District Court on Thursday, October 10.

If the KPK had immediately designated Sahbirin a fugitive, he would have automatically lost the right to lodge a pre-trial lawsuit. But the KPK seems to have been reluctant to immediately detain him. KPK Deputy Chair Nurul Ghufron even said that the questioning of Sahbirin would not take place until after the pre-trial hearing ruling. Even though KPK spokesperson Tessa Mahardhika Sugiarto subsequently refuted this statement, Ghufron should not have given Sahbirin special treatment.

Ghufron’s excuse that the KPK delayed the questioning out of respect for Sahbirin’s rights simply makes no sense. Even if it did not name him a fugitive, the KPK could still question or detain him without waiting for the hearing into the pre-trial lawsuit. The longer the KPK does not detain Sahbirin, the uncle of mining tycoon Andi Syamsuddin Arsyad alias Haji Isam, the more opportunity he will have to either destroy evidence or even flee overseas.

The KPK has clearly blundered in the way it has handled the Sahbirin Noor case. The South Jakarta District Court has frequently released corruption suspects. At the beginning of 2024, the South Jakarta District Court declared the naming of former Deputy Justice and Human Rights Minister Edward Omar Sharif Hiariej a suspect by the KPK to be invalid. Previously, the same court also granted lawsuits filed by former Taxation Director-General Hadi Poernomo, and prospective National Police Chief, Budi Gunawan.

The way the KPK has ruled out the red carpet for Sahbirin Noor shows that the organization is no longer independent in the way it handles corruption cases. There are increasing signs that the KPK has been lenient towards influential people, such as Sahbirin. For example, the KPK was powerless to investigate alleged gratifications received by President Joko Widodo’s youngest son, Kaesang Pangarep, who ‘travelled for free’ to the United States on a private jet rented by a tycoon.

It is not impossible that the KPK will become a tool for the government to use against opponents, or to protect its political allies. If this happens, the effort to eradicate corruption in this country will be ravaged. Since the revisions to the KPK Law were passed, the agency has been weak and prone to being misused in the interests of the government or its leadership. For example, there is evidence that former KPK Chair Firli Bahuri abused his authority in the handling of the corruption case involving former Agriculture Minister Syahrul Yasin Limpo.

The handling of the Sahbirin Noor case adds to the sorry tale of the eradication of corruption under the current KPK leadership. The people can see for themselves that impartial law enforcement at the KPK is nothing more than a slogan. The KPK is now no different from other law enforcement bodies that are corrupt and that bend the knee when faced with strongmen.