Despite receiving amnesty, the KPK leadership still considers Hasto guilty.

JAKARTA, KOMPAS – Although receiving amnesty from President Prabowo Subianto, the defendant in the bribery case, Hasto Kristiyanto, is still considered guilty. The amnesty for the Secretary General of the Indonesian Democratic Party of Struggle or PDI-P is only in the form of not serving a sentence.

This was conveyed by Deputy Chairman of the Corruption Eradication Commission Johanis Tanak in a written statement, Friday (1/8/2025).

He explained that amnesty is part of the rights held by the President to abolish the sentences of defendants or convicts. This right is regulated in Article 14, paragraph 2 of the 1945 Constitution.

The penalties in corruption cases, as regulated by Law Number 20 of 2002 concerning the Eradication of Corruption Crimes, include imprisonment, fines, and additional penalties such as confiscation of assets and the obligation to pay restitution. Corruptors may also face additional penalties in the form of the revocation of certain rights, such as political rights.

"Thus, the amnesty granted to Hasto is only in the form of not carrying out the punishment, so that a person who receives amnesty from the President is still guilty of committing the criminal act of corruption. Only the punishment itself is pardoned, so that the punishment is not carried out or is erased," he explained.

It is noteworthy that Hasto was sentenced to 3.5 years in prison and a fine of IDR 250 million, with a subsidiary of three months' imprisonment, by the panel of judges at the Jakarta Corruption Court on July 25. Hasto was found to be involved in a bribery case concerning the management of the interim replacement of a member of the DPR for Harun Masiku.

However, on Thursday (31/7/2025) evening, the Deputy Chairman of the DPR from the Gerindra Party faction, Sufmi Dasco Ahmad, stated that the DPR has approved President Prabowo's request to grant abolition for Tom Lembong, amnesty for the Secretary General of PDI-P Hasto Kristiyanto, and 1,115 other convicts. The granting of amnesty is said to be for the sake of reconciliation.

Following the granting of the amnesty, Tanak continued, the KPK will promptly release Hasto after receiving the Amnesty Decree from the President, which has been approved by the DPR in accordance with the mandate of Article 14, paragraph 2 of the 1945 Constitution.

Although it has been decided by the President and approved by the DPR, several parties have criticized the decision for amnesty and abolition for Hasto and Tom. One of them, as expressed by former KPK investigator Novel Baswedan, stated, "I am concerned and disappointed to hear that amnesty and abolition are applied in cases of corruption."

He reminded that corruption is a serious crime and a form of betrayal against the interests of the state. When the resolution of corruption cases is carried out politically, it will set a bad precedent for future anti-corruption efforts. Moreover, the President's policy is implemented amid increasingly massive corruption practices, while the KPK institution is being incapacitated.

"The government and the DPR should consider effective and firm methods for eradicating corruption. Therefore, what should be done is to strengthen the Corruption Eradication Commission (KPK). It is not appropriate to resolve corruption cases politically and allow the KPK to remain weak," he stated in a written statement.

In the case of Tom Lembong, for instance, Novel believes that the court should acquit him as there are no factual actions and credible evidence to accuse Tom of corruption. Moreover, the corruption allegations lack causality with the state losses in question.

"If improper law enforcement processes are allowed to continue, they will pose a threat to state officials and state-owned companies in making policies or decisions in good faith and following the principles of good corporate governance," he said.

In the case of Hasto, this matter is described as a series of actions from several crimes committed, even involving multiple individuals, both those who have been convicted and those who are currently fugitives. The investigation of this case had also stalled for a long time due to the role of the current suspect, Firli Bahuri, who is the Chairman of the KPK.

"Instead of encouraging the investigation into the major issues suspected to have occurred before this crime was uncovered, amnesty was instead granted to Hasto," he stated.

With that explanation, Novel emphasized that the move to grant amnesty and abolition is not in line with the President's speech, which aims to eradicate corruption completely. "In fact, this will create the impression that the eradication of corruption does not receive support or backing from the government and the DPR," he added.

Separately, the Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra emphasized that the granting of abolition for Tom Lembong and amnesty for Hasto Kristiyanto is in accordance with the 1945 Constitution and Law No. 11 of 1954 concerning Amnesty and Abolition.

In Article 14, paragraph 2 of the 1945 Constitution, the President grants amnesty and abolition with regard to the considerations of the DPR. Specifically concerning this matter, President Prabowo has sent a letter to the DPR regarding the consideration of the amnesty and abolition request. Furthermore, Minister of Law Supratman Andi Agtas and Minister of State Secretary Prasetyo Hadi have already met and discussed it in a consultation meeting with the leadership of the DPR on Thursday (31/7/2025).

Regarding Emergency Law No. 11/1954, specifically in Articles 2 and 4, if an individual or a group of individuals is granted amnesty, then all legal consequences of the criminal acts committed are annulled. Meanwhile, abolition means that all prosecutions against the criminal acts committed by an individual or a group of individuals are eliminated.

Thus, Hasto is said to not need to file an appeal against the court's decision that sentenced him to 4.5 years in prison. Similarly, Tom, who is in the process of filing an appeal, had all prosecution processes against him dismissed after being granted an abolition.

"Therefore, I emphasize that what the President has done is in accordance with the 1945 Constitution and Law 11/1954," he said.