Jakarta \u2014 The defence team for former Religious Affairs Minister\nYaqut Cholil Qoumas has disclosed five points alleging formal defects in\nthe KPK\u2019s designation of their client as a suspect, ahead of the final\nsummation in the ongoing praperadilan (pretrial) hearing.<\/p>\n
Yaqut\u2019s defence co-ordinator Mellisa Anggraini emphasised that the\nKPK\u2019s legal process is not in accordance with the principle of due\nprocess of law and risks flouting applicable legal procedures. \u2018There\nare at least five formal defects that form the basis of this\npraperadilan application,\u2019 Mellisa said in a written statement on Sunday\n(8 March).<\/p>\n
First, the alleged defect concerns the designation of the suspect,\nperformed before a formal audit of state losses. The KPK designated\nYaqut as a suspect on 8 January 2026, while the official report from the\nAudit Board of Indonesia (BPK) did not become available until 24\nFebruary 2026.<\/p>\n
Second, the defence team argues the designation was carried out by\nthe leadership of the KPK rather than by investigators. Under Law Number\n19 of 2019 on the KPK, the leadership is not an investigator or a public\nprosecutor. \u2018This raises serious questions about the legality of the\nauthority in the designation process,\u2019 Mellisa said.<\/p>\n
Third, the defendants say Yaqut never received an official\ndesignation letter; he only received a notification letter regarding his\nstatus. This practice is inconsistent with the provisions of\nConstitutional Court Decision No.\u00a021\/PUU-XII\/2014 and Article 90(2) of\nLaw Number 20 of 2005 on the KUHAP, which regulate the legitimate\nprocedure for designating a suspect.<\/p>\n
Fourth, the defence notes inconsistency in the KPK\u2019s use of legal\ngrounds in the investigative process. To issue the Investigation Warrant\n(Sprindik), the anti-corruption agency is said to have used two legal\nreferences, both the old KUHAP and the new KUHAP.<\/p>\n
According to Mellisa, this creates legal uncertainty in the\ninvestigation process.<\/p>\n
Fifth, the designation is said to be based on a \u2018notula ekspose\u2019 (the\nexposure minutes). They argue that the document is not an evidence\ninstrument as defined by criminal procedure law. \u2018Notula ekspose has no\nbinding force to justify designating someone a suspect,\u2019 Mellisa\nsaid.<\/p>\n
Through this praperadilan application, the defence team hopes the\npanel to review all legal facts objectively and independently to uphold\nthe principles of justice. The hearing is at an advanced stage and will\nsoon proceed to the summation readings by both parties.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/yaquts-praperadilan-defence-team-outlines-five-points-of-alleged-formal-defects-in-suspect-designation-1772997385", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }