Constitutional law expert Mahfud MD responded to the legal process in\nthe 2024 additional Hajj quota case. The case is currently at the\npre-trial stage, filed by former Religious Affairs Minister Yaqut Cholil\nQoumas over the status of his indictment. Mahfud urged that the legal\nproceedings proceed in accordance with applicable rules, without\nintervention or any deviation from the enforcement of the law.\n\u2018Everything must be correct and in line with the rules,\u2019 he said.<\/p>\n
He noted procedural concerns in the case, particularly the authority\nto designate suspects. He commented on the pre-trial hearings that\nrevealed Gus Yaqut never received an indictment letter, only a\nnotification letter. \u2018That is not acceptable. The leadership of the KPK\ndoes not have the authority to designate suspects,\u2019 he told reporters on\nSunday (8\/3).<\/p>\n
Regarding the substance of the case, he said there should be careful\ndefinition of \u2018state losses\u2019 in the Hajj quota case. \u2018From the start I\nwas puzzled. The Hajj quota is not state losses; it's not appropriate to\ncategorize it as such. There is no state money involved, is there?\u2019 He\nemphasised the need for caution in defining the elements of state loss\nin corruption cases.<\/p>\n
Separately, Professor Mahfud praised the 2024 Hajj implementation, \u2018I\nhave heard the 2024 Hajj operation was good.\u2019 He said the policy taken\nby the minister at the time was a legitimate discretion, based on\nsituational considerations and the authority inherent in the office.\n\u2018Discretion cannot be criminalised,\u2019 he asserted.<\/p>\n
He explained the concept of discretionary power or freies ermessen in\nadministrative law: policy taken by an official when there is no\nregulation, but circumstances require a resolution. \u2018Pure policy should\nnot be criminalised. If there are rules, follow them; if there are none,\nthen discretion is required,\u2019 he said.<\/p>\n
He hopes the case will proceed within the legal framework, without\ncriminalisation, but without room for violations.<\/p>\n
Mahfud also argued that this case is not merely about whether\ncorruption occurred, but about how law is positioned within the space of\npublic policy. If law enforcement agencies neglect procedures and blur\nthe line between policy and criminality, not only is a single suspect at\nrisk, but the future governance of the state itself.<\/p>\n
South Jakarta District Court is scheduled to issue its ruling on the\npre-trial brought by Yaqut Cholil Qoumas on Wednesday, 11 March. Yaqut\u2019s\nlegal team outlined five points in the pre-trial, ranging from the BPK\naudit procedure to the legality of the suspect designation. A former KPK\ninvestigator offered critical notes on the procedures for naming the\nformer Religious Affairs Minister.<\/p>\n
Readers are invited to review the facts and expert statements from\nboth sides in the pre-trial regarding suspect designation and state\nlosses.<\/p>\n
KPK witnesses in the pre-trial emphasised that the designation of a\nsuspect under the Corruption Act must be based on a tangible and\ndefinite audit of state losses.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/mahfud-md-highlights-the-kpk-leaderships-authority-to-name-suspects-1772997314", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }