MK Dismissed Hasto's Petition Regarding Criminal Threats to Obstruct Investigation

JAKARTA - The Constitutional Court (MK) is scheduled to decide on the application for a test of the material of the obstruction of investigation or obstruction of justice in the Corruption Eradication Law, which was requested by the Secretary General of the Indonesian Democratic Party of Struggle Hasto Kristiyanto on Monday, March 2.

The hearing to pronounce the verdict on Hasto's application was held simultaneously with 38 other applications for testing laws in an open hearing for the public led by Chief Justice Suhartoyo in the Plenary Session Room, MK, quoted by Antara, Monday morning.

"We only say the main points, not all of our legal considerations, and we read it because we want to summarize the time, then to make it easier for all parties to understand the essence of what the panel of judges said. However, in full, all decisions and decisions are ready, after the trial is completed, they will be distributed to the parties," said Suhartoyo explaining the technicalities of the trial.

Hasto's application has previously gone through various trials, ranging from preliminary examinations, to hearing the government and DPR, to hearing the testimony of witnesses and experts.

Hasto questioned Article 21 of Law Number 31 of 1999 concerning the Eradication of Corruption.

The article stipulates that anyone who intentionally prevents, obstructs, or directly or indirectly impedes the investigation, prosecution, and examination in court proceedings against suspects and defendants or witnesses in corruption cases, shall be sentenced to imprisonment for 3-12 years and/or a fine of Rp. 150 million-Rp. 600 million.

Hasto reasoned that in practice, this article was interpreted disproportionately and created legal uncertainty so that it was contrary to the principle of a just legal state, as mandated by the constitution.

He wants the norms of the article to be clarified. In the petitum, Hasto asked the Constitutional Court to add the phrase "against the law" and "through the use of physical violence, threats, intimidation, intervention, and/or promises to provide undue advantages" to the article in question.

In addition, he argued that the criminal threat in Article 28 of the Corruption Tip-off Law should be reduced to a maximum of 3 years in prison.

Hasto also asked that the word "and" in the phrase "investigation, prosecution, and examination at trial" be interpreted as having a cumulative meaning. In other words, he asked, a person can only be punished if he takes action to prevent, obstruct, or thwart all stages of investigation, prosecution, and examination at trial.

Hasto is known to have been a defendant in the case of alleged obstruction of investigation and gratification related to the replacement of Harun Masiku.

The Corruption Court panel at the Central Jakarta District Court stated that Hasto was not proven to have obstructed the investigation, but was proven to have been involved in giving bribes so that he was sentenced to 3 years and 6 months in prison and a fine of Rp. 250 million with a three-month imprisonment.

However, Hasto did not serve his prison term because he had received an amnesty from President Prabowo Subianto.