Evidence Obtained Not In Accordance With Rules, Criminal Expert: No Evidence Value

JAKARTA - A criminal law expert from the Muhammadiyah University of Jakarta, Chairul Huda, said that the evidence obtained by investigators was unprofessional, so they did not have evidentiary value.

He conveyed this opinion when presented as an expert in the 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.

"Well, the most important thing is that when the evidence is obtained through an unprofessional confiscation process, it has no value as evidence," Chairul said during a trial at the Jakarta Corruption Court, Friday, June 20.

This is one of the consequences of qualifying for evidence obtained in unprofessional ways.

Chairul said that it is possible that the use of unprofessional methods in obtaining evidence can be categorized as an unlawful act. Because, there is a jurisprudence related to this matter

"If you say earlier whether an act is against the law, it could be. As an act against the law, there is jurisprudence related to it when confiscation of goods that are not evidence is considered an act against the law, there is jurisprudence," he said.

What is clear, said Chairul, is that the evidence that is obtained inappropriate can have an effect on the evidentiary process and cannot be used as evidence.

"Because it was obtained illegally, obtained in unprofessional ways, it caused him unable to be treated as evidence," 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.