At Hasto's Session, The Former Constitutional Court Judge Called The Elimination Of Content On Cellphones Not An Obstacle To Investigation

JAKARTA - Former Constitutional Court (MK) judge Maruarar Siahaan assessed that the removal of content on mobile phones was not an act of obstruction to investigation even though there was data related to a case.

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

Public Prosecutor (JPU) Wawan in the trial initially asked about removing content on cellphones with the intention of eliminating the facts of a case into the context of obstruction. Maruarar stated that this action is a human right that must be protected.

"For example, he deleted the content in relation to eliminating the facts so that the facts did not come to light. So, does it still come from the realm of human rights, even though it is related to crime?" asked prosecutor Wawan during a trial at the Jakarta Corruption Court, Thursday, June 19.

"Yes, we survive that it is the human rights concerned that must be protected," replied Maruarar.

According to him, the action to remove content can also be overcome by investigators. Exemplified in the police, they have advanced technology expertise and support that can easily obtain data related to a case in other ways.

"If I say that the police also often say that, they can handle it if it is true that there is data stating it is an effort to prevent it, what all investigators say is equipped with existing instruments to search for the data with other tools," he said.

"I am very proud to say that the police have used scientific investigation, but in that data we can easily obtain it from providers," continued Maruarar.

Therefore, the removal of the content is also considered not an action or effort to prevent or challenge the investigation. This is because the process of searching for the content that will be used as evidence can still run in other ways.

"If that is what is being argued as a fixed prevention, the investigation is not hindered. Even if he uses what the existing instrument says, even if now the hackers, easily obtain the contents we have a cellphone. It is not hindered by investigation even if I damage my cellphone there is data, you can still with the instruments available. what else is it now modernizing all instruments for investigators," 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.