At Hasto's Session, The Former Constitutional Court Judge Likens Illegal Evidence Like A Toxic Tree

Former Constitutional Court (MK) judge Maruarar Siahaan in the follow-up trial of the defendant Hasto Kristiyanto/PHOTO: Rizky Adytia-VOI

JAKARTA - Former Constitutional Court (MK) judge Maruarar Siahaan likened the use of evidence obtained illegally like a poisonous tree that can poison all the processes.

This opinion was conveyed by Maruarar as an expert who was presented in the follow-up trial of the alleged bribery case for the replacement of the DPR for the 2019-2024 period and the obstruction of Harun Masiku's investigation with the defendant of the PDIP Secretary General, Hasto Kristiyanto.

"One piece of evidence obtained illegally that violates the rules cannot be used by Exclusionary, it cannot be used and if it is used that is the fruit of a poisonous tree," Maruarar said during a trial at the Jakarta Corruption Court, Thursday, June 19.

If unauthorized evidence is still used, it will have a negative impact on the trial process, especially a sense of justice.

"It can't be used if we take the reference like that if we eat the poisonous fruit, we die like that. So this is in the process, the process becomes dead or invalid," he said.

The disbandment refers to criminal procedural law in the United States. Even in the Law of the Constitution of the Constitutional Court, Konsitiusi (MK) firmly stated that the evidence that can be used in the trial is only obtained in a legal manner.

"So if in the law of the constitutional Court, it is actually stated that every piece of evidence that can be submitted at the trial is obtained in a legal way," said Maruarar.

If the evidence used to support the argument is obtained in an illegal way, then Maruarar said, it cannot be used in court.

"So if this is really needed in the Criminal Procedure Code, but up to the Constitutional Court if there is a applicant or anyone applying for evidence in supporting the argument, but he can't get it by stealing evidence," he said.

In this case, Hasto 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 also 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.