Former KPK Investigator Reveals Legal Loopholes in Suspect Designation of Gus Yaqut Cholil Qoumas
Former KPK investigator Yudi Purnomo has highlighted potential legal loopholes in the process by which the former Minister of Religious Affairs, Yaqut Cholil Qoumas, was designated a suspect in the 2023–2024 haj quota corruption case. In remarks on Saturday, 7 March, he said there are several points that could become legal gaps in the praperadilan (pretrial) hearing at the South Jakarta District Court (PN Jakarta Selatan).
Yudi criticised the KPK’s move to upgrade the case to investigation using a general Sprindik without naming a suspect from the outset. He argued that uncertainty about the suspect’s identity at the start can become an administrative weakness. “Weak indeed, because the KPK, from the outset, should have had a suspect. After all, the KPK ends up naming a suspect—why repeat the work?” he told reporters.
Another loophole he pointed to concerns the question of state losses, including whether the haj quota is a state facility. “So far, losses are typically linked to the APBN or APBD and state-owned enterprises. This will be tested as well,” he said.
Next, Yudi highlighted the issue of the decline in the reported state losses based on an audit by the Audit Board of Indonesia (BPK).
The anti-corruption commission (KPK) told the praperadilan hearing that BPK had found state losses in this case. It is stated that the losses reach Rp622 billion. In the early stages, the KPK had disclosed losses of Rp1 trillion. “That too becomes a loophole,” the former Chair of the KPK Employees’ Association (WP) said.
Nevertheless, Yudi declined to comment extensively on how the praperadilan would proceed. He said the decision is entirely in the hands of the judge.
“So indeed this is a matter of legal argument that will be tested by the judge. Both sides should not be complacent yet,” he emphasised. “Yaqut’s side may find a loophole because this is formal; we have not yet discussed the substantive act by Yaqut. We are discussing formalities first. But when he acts, the KPK will surely have arguments from its legal bureau,” Yudi said. (P-4)
The KPK is optimistic about facing the praperadilan of former Minister Yaqut Cholil Qoumas. The BPK affirms state losses in the haj quota case at the Ministry of Religious Affairs. Check the facts!
Gus Yaqut’s camp questions the validity of the Rp622 billion state-loss figure presented by the KPK in the praperadilan hearing for the haj quota corruption case. A KPK spokesperson argues that the defence aims to dodge law enforcement.
Gus Yaqut Cholil Qoumas’ legal team highlights that the audit of state losses by BPK only appeared after the suspect was designated. They claim the designation is not legally valid without a BPK audit.
Single Judge Sulistyo warned both Gus Yaqut’s side and the KPK not to engage in transactional practices in the haj quota praperadilan.
The Yaqut Cholil Qoumas legal team says the designation of the suspect by the KPK is administratively defective and violates the new KUHAP. The team argues that the KPK’s actions breach procedural safeguards.