Criminal Expert: If The Inaction Is Not Fulfilled, The Judge Must Dare To Release Hasto

Hasto Kristiyanto/ANTARA PHOTO/MUHAMMAD ADIMAJA

JAKARTA - Criminal expert from the Islamic University of Indonesia (UII), Wahyu Priyanka Nata Permana, suggested that the panel of judges who tried the alleged bribery case for interim replacement (PAW) and the prosecution of investigators must act fairly and dare to decide that the Secretary General of the PDI-P Hasto Kristiyanto was not legally proven on all charges by the Public Prosecutor (JPU).

This refers to the facts of the trial so far which are deemed unable to prove the fulfillment of the elements of the articles charged with obstruction of justice or obstruction of investigation and alleged bribery.

"Of course the judge must also be fair and brave to declare that HK is not legally and convincingly proven to have committed the crime as charged, and the verdict is free from all charges (vrijspraak)," Wahyu told reporters, Wednesday, May 21.

According to him, the judge is bound by the provisions of Article 183 of the Criminal Procedure Code which contains that a person's punishment must be fulfilled by at least 2 valid pieces of evidence and gain confidence in this matter.

The same applies to investigators in the investigation process, namely in determining suspects, it must be based on 2 valid pieces of evidence.

The valid context in question is not only seen in quantity or quantity or legally or procedurally in obtaining it, but also in the quality or subtance/relevantity to prove the elements of the alleged article.

Regarding all witnesses who have provided testimony at the trial in a case involving Hasto Kristiyanto, Wahyu said their testimony would be strong if they met the qualifications as witnesses who saw, heard, and experienced for themselves the alleged criminal acts charged.

"If for example the witness does not meet the qualifications, then of course it does not have the value of the proof as legal evidence," said Wahyu.

It is known that several witnesses who had given statements at the Hasto Kristiyanto trial, including the former chairman and commissioner of the KPK Election Commission, Rossa Purbo Bekti and investigators, namely Arif Budi Raharjo.

Their testimony was questioned by the relevance of Hasto Kristiyanto's camp. Because, both of them did not see or experience it directly.

The KPK prosecutor acknowledged this by saying that Arif did not directly see Hasto's involvement in the alleged bribery. But still presented because he would convey the results of the entire team in the investigation process.

"That's why I explained earlier, not looking directly, but he is the result of the whole team in the investigation process, so that was the conclusion made by the team at the time of exposure," explained the prosecutor.

In addition, testimony from the PDI-P (PDIP) DPP Secretariat staff (PDIP) Kusnadi also denied the prosecutor's indictment which stated that the money was deposited by PDIP Secretary General Hasto Kristiyanto. Because, from his statement, it was revealed that the source of money came from Harun Masiku worth Rp. 400 million.

"Earlier, you have explained regarding the existence of Rp 400 million in cash, which was asked by the applicant's attorney and you explained who it came from?" asked the prosecutor.

"Harun Masiku. But I didn't know it was money. I was entrusted with it," replied Kusnadi.

Then, the bag containing the money, said Kusnadi, had been handed over to Donny Tri Istiqomah through his staff named Patrick Gerard Masoko alias Geri.