The PDIP Secretary General (Secretary General), Hasto Kristiyanto, rejected the presence of three investigators from the Corruption Eradication Commission (KPK) who were witnesses in the case of alleged interim replacement bribery (PAW) of the DPR RI and the obstruction of investigation.
The KPK investigators who were made witnesses by the Public Prosecutor (JPU) were Rossa Purbo Bekti, Rizka Anungnata, and Arif Budi Raharjo.
The refusal began when the prosecutor asked the witnesses to enter the courtroom and sit in front of the panel of judges. Then, Hasto's camp through one of its legal advisers, Maqdir Ismail, immediately intervened and expressed his objection.
"If they were going to be verbalized, which information would they deny? According to our solemnity, this is very, very inappropriate for them to be witnesses in this case," said Maqdir during a trial at the Jakarta Corruption Court, Friday, May 9.
According to him, the context of witnesses should be based on statements from other parties.
"Especially if we return to Article 153, that the information as stated by these witnesses is not because we saw for ourselves, heard for ourselves but is a statement that they will convey is de auditual information," he said.
"Because they heard from other people. So according to our solemnity, we object because this is not regulated in such a way in the Criminal Procedure Code. We do not want our trial to violate the provisions in the Criminal Procedure Code. That's how it is, Your Honor," continued Maqdir.
Responding to the refusal, Chief Justice Rios Rahmanto asked the prosecutor's camp to give a response to the objections that had been conveyed by Hasto Kristyanto's camp.
At that time, the prosecutor argued that the three witnesses were factual witnesses who would explain the alleged obstruction of the investigation.
"We need to convey that these three people are fact witnesses. Because in our indictment, we indict the actions of Article 21. So we need to present them at the trial of witnesses who are investigators in the Harun Masiku case and also investigators at the time of the OTT incident to explain the facts of the incident at that time and also the facts regarding or hindered by the investigation of the Harun Masiku case," said the prosecutor.
Hearing this explanation, Hasto's camp responded by stating that the statements of the witnesses would only blame those who had never been examined.
"One of them is the testimony of these witnesses, they blame others about the obstruction of this investigation and the person" it was never examined, yes, we do not want the trial agency Yang Mulai to be used as an opportunity to say something that people cannot defend themselves, Your Majesty," said Maqdir.
Mediating the debate, Judge Rios stated that he had understood the meaning of Hasto's camp. Then, it was stated that the panel of judges would not be bound by witnesses and saw its relevance
"The judge is also not tied to the witness. There are many witness requirements for what are binding for the judge. And this is a process of proof. So we just listen to the evidentiary process. However, the assessment of the evidence later, please brothers in the plea response, public prosecutors in the demands and judges in their decision. That's the answer from the Assembly," said Judge Rios.
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.
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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.
Thus, 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.
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