Hasto Kubu: KPK CDR Files Can't Be Evidence, The Authenticity Is Doubtful
JAKARTA - PDIP Secretary General Hasto Kristiyanto's attorney, Ronny Talapessy, stated that the file call data record (CDR) made by the Corruption Eradication Commission (KPK) prosecutor as evidence cannot be proven.
This was conveyed when reading the memorandum of defense or pledoi 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 defendant Hasto Kristiyanto.
"The CDR file should not be categorized as Evidence or Evidence because its authenticity and validity cannot be proven," said Ronny during a trial at the Jakarta Corruption Court, Thursday, July 10.
CDR is known to be data regarding call details, time, and telecommunications transactions. The data is used to find out the location of the device user based on the tower signal.
Based on the facts of the trial, said Ronny, the CDR data presented by the KPK prosecutor at the trial cannot be guaranteed authenticity. Although it has been analyzed by experts. The first reason is because in the process of obtaining it is not directly obtained by investigators from the operator.
"His Majesty's panel of judges, we never know who this Flashdisk was given by and whether it could be trusted," said Ronny.
Therefore, Ronny asked the panel of judges to rule out the evidence as a consideration in making decisions.
"It must be put aside and not considered by the panel of judges," said Ronny.
In addition, Ronny also highlighted the facts of the trial stating that the CDR evidence was not through a digital forensic audit.
"The only one who has the authority to state that a document has gone through the Digital Forensic process is a digital forensic expert and not a public prosecutor," said Ronny.
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Hasto was charged by the Public Prosecutor (JPU) with imprisonment for 7 years. In addition, the prosecutor also charged Hasto Kristiyanto with a fine of Rp. 600 million. If it is not paid, it will be replaced with a prison sentence of 6 months.
In this case, Hasto was charged 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.