JAKARTA - The South Jakarta District Court (PN) has accepted the pretrial lawsuit of the Governor of South Kalimantan Sahbirin Noor or Uncle Birin. The status of the suspect of the Corruption Eradication Commission (KPK) which he is holding is death.
"Trial: in the main case of accepting and granting the petitioner's petition in part," said South Jakarta District Court Single Judge Afrizal Hady when reading the verdict on Tuesday, November 12.
The appointment of Uncle Birin as a suspect in the alleged bribery by the KPK as the respondent was called invalid and not binding. Because, he was not caught in the hand arrest operation (OTT).
In addition, KPK investigators have not examined Uncle Birin. This is known from the absence of evidence brought by the KPK Legal Bureau.
"The examination as a potential suspect was not carried out by the respondent (KPK, ed)," said the judge.
The single judge also dismissed the KPK argument which stated that his whereabouts were unknown so that he could not pretrial.
This is due to the absence of a summons for examination or a wanted list (DPO) issued by the KPK. The investigator's conclusion stating that Uncle Birin fled was considered premature.
"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.
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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.
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