Session Of The PAW Bribery And Opportunities Case, Legal Experts Say Witness Has Not Proved Hasto Kristiyanto's Involvement

Hasto Kristiyanto/DOK BETWEEN PHOTOS/SULTHONY HASANUDDIN)

JAKARTA - Legal expert from the Jakarta Veterans National Development University, Beniharmoni Harefa, assessed that the witnesses presented by the Public Prosecutor (JPU) in the trial could not prove the connection or involvement of the PDIP Secretary General (Secretary General) Hasto Kristiyanto in the alleged bribery case for the management of interim replacement (PAW) and the obstruction of the investigation that was charged to him.

Several witnesses who had given statements at the Hasto Kristiyanto trial were former chairman and commissioner of the General Elections Commission (KPU), Hasyim Asy'ari; Chairman of the KPU for the 2017-2022 period Arief Budiman, and Wahyu Setiawan. In fact, the prosecutor also presented KPK investigators, Rossa Purbo Bekti and investigators, namely Arif Budi Raharjo.

"So far, from the development of the main case trial, it has been revealed that some of the evidence presented, including the statements of fact witnesses, no one has seen directly the bribes committed or the defendant's direct orders, in this case Hasto Kristiyanto," Beni told reporters quoted on Tuesday, May 20.

Therefore, the prosecutor is advised to strengthen the evidence by presenting witnesses who can clarify the construction charged.

"In criminal procedural law, actori incumbit probatio applies, actori onus probandi means who argued (to demand) he is obliged to prove," he said.

If the prosecutor cannot prove the involvement of Hasto Kristiyanto in a series of alleged bribery or obstructions, then, the Secretary General of the PDIP must be released. This refers to the principle of proof.

"This adagium continues with non-probante actors, reus absolvity means if it is not proven then the defendant must be released," he said.

However, regarding the decision, Beni still fully handed over to the panel of judges who tried the case in determining whether Hasto Kristiyanto was involved in a series of alleged criminal acts as charged.

"Back to the confidence of the panel of judges, whether based on the evidence that has been and will be presented at the trial, the panel has confidence that a criminal act has occurred and the defendant is the culprit, we will wait for developments based on the facts of the trial later," said Beni.

At the previous trial, a witness named Patrick Gerard Masoko alias Geri admitted that he had been asked by a former PDIP cadre, Saeful Bahri, to meet Harun Masiku to take a suitcase containing Rp. 850 million at the Aspiration House on December 23, 2019. Then it was distributed to a number of parties.

In his testimony, Geri said that he did not have time to meet Harun when he arrived at the aspirations' house. Then, he was asked by Saeful to take the suitcase containing the money to a Hasto staff named Kusnadi.

"According to information from Mr. Saeful, the suitcase was entrusted to Mr. Kusnadi, I took it there to Mr. Kusnadi," answered Geri.

"What is the content of the cooper as far as the witness knows?" asked the prosecutor.

"From Mr. Saeful's information, it contains money, sir," answered Geri.

The prosecutor then read out the investigation report (BAP) Geri. The BAP explained that the amount of money in the suitcase was worth Rp. 850 million.

The BAP also explained Saeful's order to distribute the Rp 850 million. The distribution is Rp 170 million for lawyers and suspects in the bribery case of Harun Masiku, Donny Tri Istiqomah, Rp 2 million for Geri, and the rest is delivered to Saeful's house.

"The permission of this panel is still at BAP 16 at point 5, 'Furthermore at around 17.00 WIB, brother Saeful contacted me back and said, Ger was escorted to my house to meet Mr. Ilham, and I answered, yes, mas. And then Saeful said that you had Rp 170 million in cash for Mas Donny, Rp 2 million for you, and the rest gave it to Mr. Ilham'. So far what I have to read is that?" asked the prosecutor.

"Yes, that's right, more or less like that," answered Geri.

The staff of the PDI-P (PDIP) DPP Secretariat, Kusnadi, who was also a witness, said that Harun Masiku had entrusted him with a suitcase. Precisely when Kusnadi was at the house of aspirations around the end of December 2019.

As he recalls, Harun Masiku ordered the suitcase that was deposited to be handed over to Saeful Bahri. Because, you can't wait long.

"He (Harun Masiku) just talked to me, 'this pack was entrusted to me to make Saeful I have communicated, but he also doesn't seem to be able to come here, I'm also hunting, sir, I've already communicated, I'm with the Saeful, later I want to be taken by the staff," explained Kusnadi.