Criminal Expert: Unlogical Blocking Investigations That Have Not Pro Justicia

JAKARTA - A criminal law expert from the Muhammadiyah University of Jakarta, Chairul Huda, said that the investigation process in handling a case is not yet pro justicia. Therefore, it is illogical if there are actions or obstruction efforts that are carried out at that stage.

This opinion was conveyed when Chairul Huda was presented as an expert 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 to the accused PDIP Secretary General Hasto Kristiyanto.

"In our legal system, the investigation is not yet pro justicia. No forced efforts can be made in the investigation stage," Chairul said during a trial at the Jakarta Corruption Court, Friday, June 20.

According to him, it is illogical for the obstruction effort to be carried out in the investigation process because at that stage an alleged criminal act has not been found.

In general, the investigation means a series of actions taken by investigators to find and find an event suspected of being a criminal act.

"So it is illogical if there is an act of obstructing even though there has been no forced attempt," he said.

The analogy of the investigation process that has not been pro justicia is like a clarification process. The parties invited to provide information are said to be allowed not to fulfill it because at that stage there were no forced attempts.

"So how to prevent a call or invitation from forcing its nature. So if someone thinks that this offense is also applied to hinder the investigation, I think the mind is illogical because there is no forced attempt in the investigation," said Chairul.

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.