At Hasto's Session, The Former Constitutional Court Judge Said That The Inkrah Decision Should Not Be Questioned

JAKARTA - Former Constitutional Court (MK) judge Maruarar Siahaan said that all the things stated in the judicial decision that had permanent legal force or inkrah were truth and must be followed up in accordance with the Asas Res Judicata Pro Veritate Habetur.

This opinion was conveyed by Maruarar as an expert who was presented in the trial of the alleged bribery case for the replacement process (PAW) of the DPR for the 2019-2024 period and the obstruction of Harun Masiku's investigation with the accused PDIP Secretary General Hasto Kristiyanto.

During the trial, Hasto Kristiyanto's attorney, Ronny Talapessy, initially alluded to the principle of legal certainty. Ronny asked Maruarar Siahaan to explain about the Asas Res Judicata Pro Veritate Habetur.

"The expert, that I want to ask from the expert's point of view, that regarding the Asas Res Judicata Pro Veritate Habetur, decisions that have legal force are still considered correct and binding. Can you be a little expert to explain to us?" asked Ronny during a trial at the Jakarta Corruption Court, Thursday, June 19.

"Res Judicata means that the decision that has been effective, Asas Res Judicata Pro Veritate Habetur, the decision contained is considered the truth," said Maruarar.

In this principle, all the contents contained in the decision of the inkrah decision can be called the truth. So it is not allowed to be questioned in the future.

"To what extent is the decision considered the truth? Of course it concerns all the contents there, regarding all the dictum, but also regarding the facts contained in the decision," he said.

"He is considered the truth, he should no longer be questioned when there is in the future, there is something wrong that causes it to be lifted again," continued Maruarar.

The Asas Res Judicata also binds to all parties mentioned in cases that have permanent legal force. For example, in criminal decisions, namely the defendant, investigator, public prosecutor, investigator, and country.

"I think it will be binding, and res judicata including or all of its contents, the dictum, the data must be accepted as the truth. That's what I understand about the res of judica which is also firmly held in the jury of the European Human Rights Court too," said Maruarar.

In this case, Hasto together with advocate Donny Tri Istiqomah, former PDIP cadre Saeful Bahri, and Harun Masiku were charged with giving bribes of Rp 600 million to Wahyu Setiawan (KPU commissioner) in the 2019-2020 period.

This bribe is so that Wahyu seeks the KPU to approve the application of PAW for the South Sumatra Election Candidate (Sumsel) I on behalf of DPR members for the 2019-2024 period Riezky Aprilia to Harun Masiku.

Hasto was also charged with obstructing the investigation by ordering Harun, through the Aspiration House guard, Nur Hasan, to submerge Harun's cell phone into the water after the KPK OTT incident against Wahyu Setiawan.

Not only Harun Masiku's cellphone, Hasto is also said to have ordered his aide, Kusnadi, to drown his cell phone in anticipation of forced attempts by KPK investigators.

Hasto was charged with Article 21 and Article 5 paragraph (1) letter a or Article 13 of Law (UU) Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended and supplemented by Law Number 20 of 2001 in conjunction with Article 65 paragraph (1) and Article 55 paragraph (1) 1 in conjunction with Article 64 paragraph (1) of the Criminal Code.