Constitutional Court to Decide on Hasto Kristiyanto's Challenge to Anti-Corruption Law Provision Today
Jakarta — Indonesia’s Constitutional Court (MK) is scheduled to deliver its ruling today on a constitutional petition to challenge Article 21 of the 1999 Anti-Corruption Law (Law Number 31 of 1999), filed by PDI-Perjuangan General Secretary Hasto Kristiyanto.
The ruling hearing will be held alongside 38 other constitutional review petitions in an open session chaired by Constitutional Court Chief Justice Suhartoyo in the Court’s Plenary Hearing Room in Jakarta.
“We will only deliver the essential points of the ruling, not the entire legal reasoning, to save time and help all parties understand the essence of what the panel of justices decides. However, the complete rulings and decrees are ready and will be distributed to all parties immediately after the session concludes,” Suhartoyo explained regarding hearing procedures.
Hasto’s petition has undergone extensive proceedings, including preliminary examination, submissions from the government and parliament, and testimony from witnesses and experts.
Hasto specifically challenges Article 21 of the Anti-Corruption Law, which stipulates that any person who intentionally prevents, obstructs, or frustrates, either directly or indirectly, the investigation, prosecution, and court examination of suspects, defendants, or witnesses in corruption cases shall be punished with imprisonment of 3–12 years and/or a fine of 150 million–600 million rupiah.
He seeks clarification of the provision’s language. In his petition, Hasto requests that the Constitutional Court add the phrases “in violation of law” and “through the use of physical force, threats, intimidation, intervention, and/or promises to provide undue advantage” to the article in question.
Additionally, Hasto contends that the penalties prescribed in Article 21 are disproportionate and requests that the maximum punishment for obstruction of justice be reduced to 3 years.
Hasto has also requested that the word “and” in the phrase “investigation, prosecution, and court examination” be interpreted cumulatively, meaning a person could be convicted only if they obstruct all stages of investigation, prosecution, and court examination.
Hasto previously served as a defendant in a case involving alleged obstruction of justice and gratification related to the interim seat replacement (PAW) of Harun Masiku. The Corruption Court panel at the Central Jakarta District Court found Hasto not guilty of obstructing the investigation but guilty of bribery-related offences, sentencing him to 3 years and 6 months imprisonment plus a 250 million rupiah fine, with the option of three months’ additional detention in lieu.
However, Hasto did not serve his sentence after receiving a presidential amnesty from President Prabowo Subianto.