Judge Djuyamto in the Middle of Two Stories of KPK and Hasto

The pretrial hearing on the suspect status of Hasto Kristiyanto at the South Jakarta District Court, Wednesday (12/2/2025), proceeded quickly, lasting less than five minutes. This was in stark contrast to the previous hearing sessions which could go on until the evening. It was understandable, as the Wednesday session was only to submit the conclusion results.

The conclusion documents, both from Hasto Kristiyanto's legal counsel and the KPK legal team, were only submitted to Sole Judge Djuyamto. The conclusion documents were not read out. Djuyamto then postponed the session until tomorrow, Thursday (13/2/2025), for the agenda of reading the verdict.

Djuyamto has at least 24 full hours to draft the pretrial decision of Hasto against the KPK. He also needs to consider the trial process that has proceeded to the conclusion stage.

The Public Relations Officer of the South Jakarta District Court must consider two different perspectives, from the applicant and the respondent. Moreover, both Hasto and the KPK are equally confident that they will win the pretrial.

Hasto highlighted the investigators' arbitrariness in searching for evidence, while the Corruption Eradication Committee (KPK) insisted that the suspect's determination had fulfilled the initial evidence requirements.

After postponing the pretrial hearing, Djuyamto immediately became busy drafting the verdict that would be read on Thursday afternoon. "(Currently) drafting the verdict," he said via a short message.

There is a glimmer of hope, how true justice is, because every judge makes a decision of justice based on the Almighty God.

After the hearing, Head of the Legal Bureau of the KPK, Iskandar Marwanto, stated that they are optimistic about facing the judge's decision tomorrow. Nevertheless, the KPK will still respect whatever decision the judge makes as the adjudicator of the pretrial case.

"Yes, as we mentioned yesterday, remain optimistic. That indeed what we concluded today represents our proof in previous trials," said Iskandar.

Essentially, Iskandar stated that the KPK has already met the formal and material aspects that are the main considerations for the judge. However, for pretrial, the focus is on the formal aspects.

On the other hand, Iskandar also touched on the matter of Hasto's camp continuing to highlight the truth of the evidence from the KPK. The KPK legal team ensured that it had met the initial evidence requirements to determine Hasto as a suspect.

Moreover, the Supreme Court Regulation states that pretrial is only to test the existence or absence of two pieces of preliminary evidence and their validity. So far, the KPK has dared to name Hasto as a suspect because of the existence of valid preliminary evidence.

"So we have come to the conclusion that we are sure that the judge will consider the evidence from the Corruption Eradication Committee," said Iskandar.

In addition, Iskandar is also convinced that the initial evidence disputed by Hasto's camp was obtained legally and relevantly in determining the suspect. This is in accordance with the explanation of the expert witness, namely that even though the involvement appeared later, law enforcement can still be carried out.

Iskandar's explanation refers to Hasto's determination as a suspect in obstruction of investigation of the bribery case of the management of members of the 2019-2024 DPR. After that, the KPK determined Hasto as a suspect in the bribery case because of his involvement or joint bribery with Harun Masiku.

"If law enforcement is not carried out, it means that there is no justice related to what is related to the alleged incident," said Iskandar.

Although optimistic that it will win, the KPK will respect whatever decision is made by Sole Judge Djuyamto. The KPK will report the results of the pretrial and provide suggestions for further action to the KPK's Deputy for Enforcement and the KPK leadership.

On the other hand, Hasto Kristiyanto's attorney, Ronny Talapessy, is of the view that the entire pretrial hearing process tends to strengthen his client's side, starting from data, witnesses, to evidence. For that reason, he is confident that the pretrial will grant Hasto's lawsuit.

"We must always be optimistic. We must always be optimistic because the arguments that we have conveyed, through data, witnesses, evidence, and yesterday the expert presented by the KPK also strengthened our arguments," said Ronny.

In short, Ronny said arbitrary accusations could happen to anyone, including the Secretary General of the Indonesian Democratic Party of Struggle (PDI-P) Hasto Kristiyanto. In this case, the KPK did not have enough evidence and named Hasto as a suspect using evidence from a case that had already been finalized.

Hasto's other attorney, Patra M Zein, added that there were several reasons for the judge to grant the applicant's lawsuit. First, Hasto's determination as a suspect occurred before the collection of evidence. This should not be allowed in criminal procedure law.

But once again, we leave it to the judge's decision, whatever the decision, we will obey it completely.

Second, the evidence used by KPK investigators has been used in someone else's investigation warrant (sprindik). Some of the evidence has even been tested in court and has permanent legal force.

"Third, because investigators never conducted an investigation and inquiry process before determining Mr. Hasto as a suspect," said Patra.

Seeing these reasons, Hasto's attorney is optimistic that Sole Judge Djuyamto will grant the applicant's lawsuit. If that happens, Patra continued, the judge's decision is a momentum for upholding legal truth.

The corruption case of the management of members of the 2019-2024 DPR has actually surfaced since 2019. The KPK revealed that there was bribery by Harun Masiku, a PDI-P cadre, to smooth his path to Senayan.

In addition to Harun, the bribery involved a number of parties such as PDI-P cadre and Hasto's confidant, Saeful Bahri; PDI-P cadre who is also a former Bawaslu member, Agustiani Tio Fridelina; former KPU member, Wahyu Setiawan; and PDI-P advocate, Donny Tri Istiqomah.

Hasto and Donny were named together as suspects in late December 2024. Meanwhile, Saeful Bahri, Agustiani Tio, and Wahyu Setiawan have received their verdicts and are serving their sentences. Meanwhile, Harun Masiku, since January 2020, has been a fugitive from the KPK because he fled.

In mid-2024 to early 2025, the KPK was again actively investigating the Harun Masiku bribery case. A number of examinations and searches were carried out, including on former convicts involved. Now, the case is rolling into the pretrial realm of suspect status which is being challenged by Hasto.

In this pretrial hearing, the KPK revealed the complete process of investigation and inquiry into the bribery case of the management of members of the 2019-2024 DPR. In fact, the KPK revealed to the public the material that is the main point of the case.

Among the case materials revealed by the KPK, Hasto is suspected of contributing Rp 400 million as bribe money and being the mastermind behind the silent operation carried out by Saeful Bahri and Donny Tri Istiqomah. Hasto was even accused of asking his subordinates to drown their cellphones in order to eliminate traces of corruption.

Hasto's attorney, Ronny Talapessy, immediately denied the KPK's accusations. The denial was issued using the judge's decision in the Agustiani Tio and Wahyu Setiawan cases. Ronny said Hasto's name was never in the final case file.

"The source of the bribe money has been mentioned in the judge's decision for Tio and Wahyu. The source of the money is Harun Masiku," said Ronny, quoting one of the judge's considerations.

Likewise with the KPK's accusation about Hasto asking his subordinates to sink a cellphone. In the judge's decision, the drowning was carried out by "two people" who were not identified. They seized a cellphone belonging to one of the PDI-P office guards.

On the sidelines of the PDI-P regional head briefing agenda at the Party School, Lenteng Agung, Wednesday, Hasto Kristiyanto had time to comment on his pretrial motion. He quoted the statement of the Chief Justice Sunarto during his inauguration as a professor at Airlangga University.

"There is a glimmer of hope, about true justice, because every judge makes a decision of justice based on the Almighty God," said Hasto, quoting Sunarto's statement.

In addition, Hasto considered the judge's task is not easy because he must deeply understand the values of justice. Judges do not only judge from legal science books, but also from an understanding of conscience.

Although optimistic, Hasto will still obey whatever Judge Djuyamto's decision will be. He believes the judge can find the value of justice contained in his decision. "But once again, we leave it to the judge's decision. Whatever the decision, we will obey it completely," said Hasto.

So, from the various versions of Hasto and the KPK's views, what will Judge Djuyamto consider? Will the lawsuit be granted, rejected, or partially accepted? Let's wait for the end of the pretrial through Djuyamto's decision tomorrow, Thursday afternoon.