Not Caught OTT And Not Examined So The Reason Uncle Birin Wins Pretrial Lawsuit

South Jakarta District Court (PN) sole judge Afrizal Hady said South Kalimantan Governor Sahbirin Noor or Uncle Birin had not been caught in a hand arrest operation (OTT) and had never been investigated. Therefore, the pretrial he filed against the Corruption Eradication Commission (KPK) was partially granted.

"The examination as a potential suspect was not carried out by the respondent (KPK, ed)," said the judge when reading out the considerations at the verdict hearing at the South Jakarta District Court, Tuesday, November 12.

The judge assessed that Uncle Birin was not entangled in the OTT which was carried out in early October. Thus, the determination of the suspect should begin with an examination.

The judge also dismissed the KPK argument regarding Uncle Birin who should not have been able to file a pretrial because his whereabouts were unknown.

The judge considered the conclusion of the KPK investigator who said Uncle Birin had run away or it was not known whether his whereabouts were premature. This is because no summons for examination or determination of the wanted list (DPO) have been issued.

"Based on the arguments of the applicant and the respondent along with all the evidence, it turned out that there was no one to show that the respondent issued a letter determining the DPO," said the judge.

"There is no evidence of summons and forced attempts and conveying direct summons to the applicant to be summoned," he continued.

Based on this consideration, the judge granted part of the pretrial application submitted by Uncle Birin. "Declaring that the act of the respondent who determines the applicant as a suspect is an arbitrary act," said the judge.

"Declaring that it is invalid, has no legal force to bind the determination of the suspect against the applicant. To declare that sprindik is invalid," he said.

As previously reported, Sahbirin Noor or Uncle Birin filed a pretrial lawsuit with the South Jakarta District Court on October 10. The Governor of South Kalimantan did not accept being named a suspect in receiving bribes related to projects in South Kalimantan Province.

In this case, Uncle Birin was named a suspect in receiving bribes along with four other people. They are the Head of the Public Works and Spatial Planning (PUPR) of the South Kalimantan Provincial Government Ahmad Solhan (SOL), the Head of Cipta Karya as well as the Commitment Making Officer (PPK) of the South Kalimantan Provincial Government Yulianti Erlynah (YUL), the Management of the Tahfidz Darussalam House as well as the collector of money or fee Ahmad (AMD) and Plt. Head of the Household of the Governor of South Kalimantan Agustya Febry Andrean (FEB).

Meanwhile, as the suspect givers, namely Sugeng Wahyudi (YUD) and Andi Susanto (AND) as private parties. A total of seven suspects were named by the KPK which began with a hand arrest operation (OTT) on Sunday, October 6.

This gift was made after Sugeng and Andi got three projects in South Kalimantan. The details:

1. Construction of Football Fields in the Integrated Sports Area of South Kalimantan Province with selected provider PT WKM (Wismani Kharya Mandiri) with a work value of IDR 23 billion;

2. Integrated Samsat Development with selected provider PT HIU (Haryadi Indo Utama) with a work value of IDR 22 billion;

3. Development of Swimming Pools in the Integrated Sports Area of South Kalimantan Province with the selected provider CV BBB (Bunt Banua Bersama) with a work value of IDR 9 billion.