Hasto Case Continues to Prosecution, One Step Closer to Court

JAKARTA, KOMPAS — The alleged corruption and obstruction of investigation case involving the Secretary-General of the Indonesian Democratic Party of Struggle, Hasto Kristiyanto, as a suspect, has entered a new phase. On Thursday (6/3/2025), the Corruption Eradication Commission officially escalated the case to the prosecution stage by submitting the case files and the suspect to the public prosecutor. This means the case is one step closer to being brought to court.

Hasto, who has been detained at the State Detention Center of Class I Jakarta Timur since February 20, was brought to the Merah Putih building of KPK, Jakarta, on Thursday morning. In addition to handing over Hasto, KPK investigators also submitted evidence for two cases simultaneously to the public prosecutor. Besides the allegation of bribery in the appointment of Harun Masiku as an interim replacement member of the House of Representatives, Hasto is also charged under the article on obstruction of investigation.

"Yes, today, KPK investigators have handed over the suspect and evidence to the public prosecutor because the case files for the suspect, two case files, have been declared complete," said KPK Spokesperson Tessa Mahardhika at the KPK Merah Putih Building on Thursday.

During the handover of the suspect and case files, several of Hasto's legal representatives waited outside the building. Only Maqdir Ismail, one of the legal representatives, entered and accompanied Hasto inside the building.

Next, the KPK prosecutor will prepare the files to be submitted to the corruption court.

Tessa denied the allegations made by Hasto's legal counsel, who claimed that KPK rushed and expedited the prosecution process to avoid pretrial proceedings. According to her, the reason KPK proceeded with the investigation to the prosecution stage was because the case files were deemed complete.

Yes, today, investigators from the KPK have handed over the suspect and evidence to the public prosecutor as the case files for the suspect, two case files, have been declared complete.

The investigation process by KPK has proceeded according to the schedule and timeline set. Moreover, Tessa continued, if KPK is accused of expediting the process, the investigators should have submitted the case files during the first pretrial application process.

"The transfer of the suspect and evidence today is the final result of the investigation process because the public prosecutor has declared the case file complete. Therefore, there are no further steps," he explained.

Currently, Hasto is indeed filing a pretrial motion for the second time. The "second volume" of the pretrial motion was filed to question the validity of the determination of Hasto's suspect status. The motion was filed for two cases, namely bribery and obstruction of investigation. The first trial took place on Monday (3/3/2025), but the KPK legal team was not present. The trial was postponed to Monday (10/3/2025) and Friday (14/3/2025).

When asked whether the KPK would be present at the upcoming pretrial hearing, Tessa could not confirm. However, Tessa believes that the KPK Legal Bureau will comply with the legal process and be present at the trial.

"Unless there is something else, we can see it together but we will still attend and follow the pretrial process," explained Tessa.

With the status of the case being raised from investigation to prosecution, Hasto's pretrial motion has the potential to be dropped. This will happen if the KPK officially submits the case files to the court.

Hasto's attorney, Maqdir Ismail, said that it did not take long for the KPK to submit the files from the prosecution to the court. Hasto's party is certain to strongly reject the KPK's actions that ignore the suspect's rights.

"There are rights that we convey regarding the request for experts to be examined first, including among them favorable witnesses. But that was ignored by the investigators," said Maqdir after accompanying Hasto.

According to investigators, Maqdir continued, they have not received a request for mitigating expert witnesses from Hasto's attorney. As the process was carried out, investigators immediately stated that the files were complete and ready to be continued to prosecution.

Maqdir also questioned the KPK's move not to bring Hasto through the front door. Usually, after the files are submitted to the prosecutor, the suspect will be picked up through the front door and can be witnessed by journalists. However, this time Hasto was taken through the back door of the building.

”I don't know what's wrong. Is there really something to hide or do I think this is something new for me. "Because, so far, everyone who has completed stage two will always be invited to leave together, including with legal advisors," he said.

In essence, Maqdir argued that the increase in the case stage to prosecution was an attempt by the KPK to avoid pretrial motion. That way, the pretrial motion decision would not occur and Hasto's suspect status would be considered valid. This is an act of abuse of the law.

On the other hand, Maqdir hopes that the Corruption Eradication Committee will not be reckless in continuing the case from prosecution to court.