Hasto: KPK Ignores Mitigating Witnesses, Violates Legal Justice Principles

PDIP Secretary General Hasto Kristiyanto (Special DOC)

JAKARTA - Secretary General (Secretary General) of the PDI Perjuangan (PDIP), Hasto Kristiyanto, assessed that the Corruption Eradication Commission (KPK) was unfair and violated the principle of justice in the preparation of the Investigation Report (BAP). Because, ignore the defendant's rights by not examining witnesses. mitigating during the P-21 process.

He made this statement when he read out the objection or exception note at the trial of the alleged bribery case of interim replacement (PAW) members of the DPR and the obstruction of the investigation.

"The P-21 process carried out by the KPK is very forced and violates my rights as a defendant to be heard by mitigating witnesses. This is a serious violation of the principles of justice and due process of law," said Hasto during a trial at the Jakarta Corruption Court, Friday, March 21.

Moreover, the P-21 process or delegation was carried out in a state of illness and did not examine the mitigating witness. This is considered not to care about the defendant's rights.

"Since March 2, 2025, I have had throat inflammation and stomach cramps. On March 6, 2025, I made a statement that I could not fulfill the KPK's summons because of illness. However, the KPK still forced this," he said.

"The letter of application to examine mitigating witnesses has been submitted by my legal adviser to the KPK leadership on March 4, 2024. However, KPK investigator Rossa Purbo Bekti answered that they had not received a disposition from the KPK leadership," continued Hasto.

Hasto emphasized that the defendant's right to be heard by mitigating witnesses was the basic principle in the fair judicial process. This is a constitutional right guaranteed by Article 28D paragraph (1) of the 1945 Constitution.

Then, the Secretary General of the PDIP also quoted Article 184 of the Criminal Procedure Code (KUHAP) which stated that mitigating witnesses must be presented in the examination process.

"KPK has violated the Criminal Procedure Code by ignoring mitigating witnesses. This is a serious violation of the principle of justice," said Hasto.

In his exception, Hasto also highlighted the impact of the P-21 process which was unfair to the construction of the indictment. Where, there are many differences with the facts of the trial that have permanent legal force or commitment.

It is known that the series of cases are other convicts who have been tried and have permanent legal force, namely the former KPU Commissioner, Wahyu Setiawan; former Bawaslu member, Agustiani Tio Fridelina; and Saeful Bahri.

"This forced P-21 process causes many indictments to contain things that harm me. The legal facts of the KPK version are different from the facts of the previous trial that had been inkracht," he said.

In addition, Harto said that the forced P-21 process also caused a loss for him in seeking justice, namely the elimination of a pretrial lawsuit that had been registered at the South Jakarta District Court.

Therefore, on this basis, Hasto asked the panel of judges to reject the indictment submitted by the KPK. Then, his rights were restored and all the evidence confiscated by the KPK was returned.

"I appeal to the honorable panel of judges to reject the indictment filed by the KPK because the P-21 process was forced and violated my rights as a defendant," said Hasto.