CDR Data Not Audited Forensic, Hasto's Attorney: Indictment Of Investigation Must Fall

Secretary General of the PDIP DPP, Hasto Kristiyanto, after being questioned in a case of alleged incitement and spread of fake news at the Polda Metro Jaya, Tuesday, June 4. (Rizky A-VOI)

JAKARTA - PDIP Secretary General (Sekjen) attorney, Hasto Kristiyanto, Ronny Talapessy stated that the obstruction indictment to investigate the Harun Masiku case that ensnared his client had to be killed. This is because the Call Data Record (CDR) data does not go through a forensic audit process.

CDR is data regarding call details, time, and telecommunications transactions. The data is used to find out the location of the device user based on the tower signal.

"We see that what the public prosecutor said was not able to answer our defense. The very crucial plea related to the obstruction of the investigation was CDR, Call Data Record, which was submitted on January 8, 2020, they knew the position point of the Call Data Record," said Ronny after the trial at the Jakarta Corruption Court, Monday, July 14.

The CDR data was used as basic evidence by the KPK to indict Hasto of being involved in the alleged obstruction of the investigation. In fact, there is a violation of the rules behind its use.

"In our pledoi, we convey that the Call Data Record is not forensic if the friends saw that the KPK could not answer whether the Call Data Record wasforensic or not," said Ronny

"What does that mean? The obstruction of the investigation is completely canceled because the basic evidence is Call Data Record," he continued.

At the previous trial or when reading the memorandum of defense or plea, Ronny said that the CDR evidence was not through a digital forensic audit.

"The only one who has the authority to state that a document has gone through the Digital Forensic process is a digital forensic expert and not a public prosecutor," said Ronny.

Thus, the CDR data presented by the KPK prosecutor at the trial cannot be guaranteed authenticity. Even though it has been analyzed by experts. The first reason is because in the process of obtaining it does not immediately get investigators from the operator.

"His Majesty's panel of judges, we never know who this Flashdisk was given by and whether it could be trusted," said Ronny.

Therefore, Ronny asked the panel of judges to rule out the evidence as a consideration in making decisions.

"It must be put aside and not considered by the panel of judges," said Ronny.

As a reminder, Hasto was charged by the Public Prosecutor (JPU) with 7 years in prison. In addition, the prosecutor also charged Hasto Kristiyanto with a fine of Rp. 600 million. If it is not paid, it will be replaced with a prison sentence of 6 months.

In this case, Hasto was charged 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.