The proceedings of the pretrial request filed by former Minister of\nReligious Affairs, Yaqut Cholil Qoumas, featured a number of expert\ntestimonies from both the applicant\u2019s side (Yaqut) and the respondent\n(the KPK).<\/p>\n
In the trial held at the South Jakarta District Court, the experts\noutlined legal opinions related to the procedures for naming a suspect,\ncalculation of state losses, and the administrative authority in the\n2023-2024 hajj quota case.<\/p>\n
Here are the main points from the expert testimony in the\nproceedings:<\/p>\n
Criminal law expert for Yaqut, Mahrus Ali, argued that the\ninvestigative audit into state financial losses should have been\ncompleted before a suspect was designated.<\/p>\n
\u201cFirst, substantive delict. Second, delict of material omission.\nThird, a delict that is qualified by its consequences. These three types\nof delicts, they must prove a causal link\u2014in other words, there must be\nan effect. In the context of this article, there must be a consequence\nin the form of state financial losses calculated by a state body that,\naccording to the results of the investigative audit, the losses have\narisen. And that must have existed before a person is designated as a\nsuspect, not afterwards,\u201d said Mahrus in the hearing, Thursday\n(5\/3).<\/p>\n
Meanwhile, Erdianto, a criminal law expert brought by the KPK,\nexplained that the application of Section 2 and Section 3 of the\nCorruption Crime Act (UU Tipikor) after the Constitutional Court ruling\ncan be applied if there is a result of an audit calculating state\nlosses.<\/p>\n
\u201cA potential loss that merely arises could be deemed a completed\ncrime under Articles 2 and 3 of the old UU Tipikor. The mere potential\nloss would have already constituted the crime. But then with the MK\n(Constitutional Court) ruling, it shifts to a substantive delict. There\nmust be losses to the state first,\u201d he said in the hearing, Friday\n(6\/3).<\/p>\n
Yaqut\u2019s side also brought in a constitutional law expert, Oce Madril,\nto the pretrial hearing. In the proceedings, Oce assessed that the\ndesignation of Yaqut as a suspect by the KPK was legally flawed.<\/p>\n
This assessment was conveyed by Oce at Yaqut\u2019s pretrial hearing held\nat the South Jakarta District Court on Thursday, 5 March. He stressed\nthat the designation of Yaqut as a suspect was legally flawed because\nthe designation letter was signed by the KPK leadership.<\/p>\n
\u201cThis letter (the Yaqut suspect designation) is quite simple. If this\nletter had been signed by the investigator, the issue of authority would\nbe settled. But because this letter uses a model, this\u2014my assumption is\nthe older model, perhaps the old KPK Law worked this way. But it seems\nthat if the administration does not change, if it is like this, then the\nKPK leadership cannot delegate because they do not have the authority.\nWell, with a model like this, it is a material defect and a formal\ndefect, the kinds of letters like this,\u201d Oce said.<\/p>\n
He stated that under the new KPK Law, the leadership no longer has\nauthority as investigators.<\/p>\n
\u201cI think not, because as I mentioned, Article 21 of Law Number 19 of\n2019, the new KPK Law, because the leadership no longer has attributive\nauthority as investigators, therefore they have no authority to\ndelegate. So what would be delegated? So there is nothing that can be\ndelegated,\u201d he said.<\/p>\n
On the other hand, administrative law expert Emanuel Sujatmoko,\npresented by the KPK, explained that the position of the Minister of\nReligious Affairs has discretionary authority in regulating the\nallocation of the hajj quota.<\/p>\n
\u201cThat means: if that is in the law, for example if there is an\nincrease in the hajj quota, from 100 to 125, then this would be\nregulated in a ministerial regulation. Therefore, ministerial\nregulations are interpreted as statutory regulations because they are\ngoverned by higher regulations when we refer to Article 8 of Law 12\n(2011).\u201d<\/p>\n
\u201cYes, I have said that the minister has the power to regulate. That\u2019s\nall,\u201d he added.<\/p>\n
Regarding the suspect\u2019s rights, Oce Madril emphasised the importance\nof delivering the suspect designation letter as regulated by Article 90\nof the new KUHAP.<\/p>\n
\u201cYes, I think there is no problem with \u2018being notified\u2019 or \u2018being\nprovided\u2019, they mean the same. The point is that the document owner\nshould deliver it to the prosecutor, basically. For what? So that the\nperson knows. Do not keep the document. The person should be informed,\nas it has legal consequences, right,\u201d Oce said.<\/p>\n
Finally, Najmatuzzahrah when asked about the legal basis of the hajj\nquota as state finances, stated that there is no specific jurisprudence\non this matter yet.<\/p>\n
\u201cIf for the hajj quota specifically, perhaps there is no\njurisprudence yet. But for quotas, such as oil quotas, oil import\nquotas, vegetable oil quotas, meat quotas, import quotas for meat, these\ncould also be argued jurisprudentially in that direction,\u201d she\nconcluded.<\/p>\n
The KPK Legal Bureau team, Indah Oktiant, stressed that their agency\nbased its case on the BPK investigative report which found\nirregularities in the designation and filling of the special additional\nhajj quotas, as well as flows of funds in 2023 and 2024.<\/p>\n
\u201cWith the conclusion of irregularities against the laws committed by\nthe related parties\u2026 the irregularities resulted in state losses\namounting to Rp622 billion,\u201d said Indah.<\/p>\n
A KPK expert witness at Yaqut Cholil Qoumas\u2019 pretrial hearing\nstressed that a designation of a suspect under the UU Tipikor must be\nbased on a concrete and certain audit of state losses.<\/p>\n
Earlier, on 4 February 2026, the KPK carried out an arrest operation\nat the Directorate General of Customs and Excise (Ditjen Bea Cukai) of\nthe Ministry of Finance.<\/p>\n
The KPK again conducted searches of several rooms at the Pekalongan\nRegency Government Secretariat Office on Friday (6\/3) afternoon in\nconnection with the Pekalongan Regent Fadia Arafiq corruption case<\/p>\n
KPK reveals the role of the Regent\u2019s child in project intervention.\nSee the modus operandi of PT RNB owned by Fadia Arafiq\u2019s family in\nmonopolising regional projects.<\/p>\n
KPK plans to question the husband (a member of parliament) and the\nRegent of Pekalongan\u2019s child regarding the Rp19 billion corruption funds\nand PT Raja Nusantara B<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/facts-at-yaquts-pretrial-hearing-experts-scrutinise-suspect-designation-procedures-and-state-loss-1772877577", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }