JAKARTA - The Public Prosecutor (JPU) at the Corruption Eradication Commission (KPK) concluded that witnesses Kusnadi and Nurhasan had provided true information in the trial of the alleged bribery case in the DPR's 2019-2024 period and the obstruction of Harun Masiku's investigation with the defendant PDI-P Secretary General, Hasto Kristiyanto.
The conclusion refers to the description of arguments and evidence with the provisions of Article 185 paragraph 6 letter c of the Criminal Procedure Code which states that in assessing the truth of a witness' testimony, judges must seriously pay attention to the reasons that witnesses may use to provide certain information.
"So it can be concluded that there are certain reasons that caused Kusnadi and Nurhasan to provide information that was not true," said Prosecutor Takdir reading out the charges at the trial at the Jakarta Corruption Court, Thursday, July 3.
The reason the two witnesses did not provide real information was that they were employees at the PDIP DPP Office. Thus, there is an element of infection that MDma testified at the trial.
"The existence of witness freedom in giving testimony because he is an aide and employee at the PDIP DPP office or at the aspiration house where the defendant is his superior," said the prosecutor.
Therefore, the prosecutor asked the panel of judges to rule out information from Kusnadi and Nurhasan who had testified in the trial.
In addition, from the facts revealed in the trial 'father' who gave the order to submerge Harun Masiku's cellphone was Hasto Kristiyanto.
"Thus, the statements of witnesses Kusnadi and Nurhasan must be ruled out or in other words, the fact that is actually the father who gave the mandate through Nurhasan and ordered Harun Masiku to submerge his cell phone and ordered Kusnadi to drown his cell phone is the defendant," he said.
As a result of the actions ordered by Hasto Kristiyanto, said the Prosecutor, it caused obstruction to the investigation in handling the Harun Masiku case.
"That as a result of the defendant's actions, investigators were also challenged in conducting an investigation, namely not being able to find evidence of communication and information related to Harun Masiku with the removal of a cellphone containing traces of the crime, so investigators could not legally assemble the facts related to the investigation of the suspect Harun Masiku," said Prosecutor Wawan.
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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 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.
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