Expert Witness: Yaqut’s Suspect Designation Letter Is Legally Flawed

A constitutional law expert, Oce Madril, has said that the suspect designation against former Religious Affairs Minister Yaqut Cholil Qoumas by the Corruption Eradication Commission (KPK) contains legal defects. The main criticism targets the authority to sign the suspect designation letter, which is deemed inconsistent with the latest KPK law. The expert spoke as a witness for the applicant in a pretrial hearing at the South Jakarta District Court on Thursday (5/3). ‘If the letter is signed by the investigator, the issue is resolved. But because this letter uses the old model, I think the old KPK Law might apply. However, if the administration has not changed accordingly, the leadership of the KPK cannot delegate because they do not have the authority. If the model is like this, this is a material defect and a formal defect,’ he said at the hearing. According to Oce, changes brought by Law Number 19 of 2019 on the KPK imply limitations on the leadership’s authority. He refers to Article 21 of the law, which he says confirms the leadership no longer has attribute power as investigators. ‘I think not, because under Article 21 of Law Number 19/2019, the leadership no longer has attribute power as investigators. Therefore there is no power to delegate. So what could be delegated? There is nothing that can be delegated,’ he added. Therefore, Oce argued that if the suspect designation letter is signed by the KPK leadership, there is an issue of authority that could render it formally and materially defective. Earlier, Yaqut’s legal team also challenged the designation procedure, with lawyer Mellisa Anggraeni saying the administrative notification of the designation was not accompanied by a formal designation letter. ‘The administrative basis for the action was clearly stated in the Pretrial Application, namely the Suspect Designation Notification Letter No B-11/DIK.00/23/01/2026 in the name of Yaqut Cholil Qoumas, which was delivered by the Respondent to the Applicant without a formal Suspect Designation Letter,’ Mellisa told the court on Wednesday (4/3). The pretrial hearing was to test the legality of the suspect designation in the case of alleged corruption over quota setting and the administration of the Hajj pilgrimage for 2023–2024.