Hasto's Name Is 'Sold' In The PAW Harun Masiku Bribery Case, Criminal Law Expert Says No Burden Of Mistakes

Secretary General (Sekjen) of the PDI Perjuangan (PDIP), Hasto Kristyanto. (Rizky A-VOI)

JAKARTA - Criminal law expert and lecturer from the Faculty of Law, Gadjah Mada University (UGM), Muhammad Fatahillah Akbar stated that there is no burden on mistakes for someone whose name is 'sold' by someone else to commit something criminal.

Fatah made this statement when giving his opinion in the trial of the alleged bribery case for the Inter-Time Substitution (PAW) of members of the DPR and the obstruction of investigation with the defendant of the Secretary General of the PDI-P (PDIP), Hasto Kristiyanto.

It started when Fatah was asked by Patra M Zein as Hasto Kristiyanto's attorney to explain about the definition of belief and responsibility in Karl totaling's point of view, which is an existential philosophy.

"If we look at the guilty, if in the context of the error, it is the error that must be there to provide responsibility or responsibility," Fatah said in a trial at the Jakarta Corruption Court, Thursday, June 5.

"Now what responsibility?" said Patra.

"That's the responsibility that is charged when there is an error," said Fatah.

Then, Patra again questioned whether there was a fault burden from someone whose name was sold by someone else to do something.

The question seemed to describe the bribery case of PAW Harun Masiku. Hasto's name is believed by his attorneys to have been sold by Saiful Bahri and Donny Tri Istiqomah as the giver of orders to bribe Wahyu Setiawan

Responding to this matter, Fatahillah said that the party whose name was sold was not given the burden of error. However, it still has to be proven.

"Yes, it must be proven if you only carry a name or not," he said.

"Indeed, if in the contest it must be proven, then I emphasize that many times there must be proven knowledge," continued Fatahillah.

In the alleged bribery case, Hasto was jointly charged with advocate Donny Tri Istiqomah; the former convict of the Harun Masiku case, Saeful Bahri; and Harun Masiku gave money amounting to 57,350 Singapore dollars or equivalent to Rp600 million to Wahyu in the 2019-2020 period.

The money is allegedly given with the aim that Wahyu seeks the KPU to approve an interim replacement request (PAW) for the Elected Legislative Candidate for the Electoral Region (Dapil) of South Sumatra (Sumsel) I on behalf of DPR Members for the 2019-2024 period Riezky Aprilia to Harun Masiku.

In addition, 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 Corruption Eradication Commission (KPK) arrested members of the General Election Commission (KPU) for the 2017-2022 period 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 is threatened with a crime as regulated in 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 jo. Article 64 Paragraph (1) of the Criminal Code.