Former KPK Spokesperson: Transfer of Yaqut's Detention Status is Valid If No Backroom Deals

Jakarta - Legal practitioner and former spokesperson for the Corruption Eradication Commission (KPK), Febri Diansyah, believes that the transfer of detention for former Minister of Religious Affairs (Menag) Yaqut Cholil Qoumas is permissible as long as there are no transactions behind it.

“As long as there is no transactional element behind the detention transfer action, it is a legally valid measure,” Febri said when contacted by Kompas.com on Monday (23/3/2026).

Febri addressed the legal basis used by the KPK for transferring Yaqut’s detention status, namely Article 108 paragraphs (1) and (11) of Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP).

Febri stated that these new regulations do not follow the ‘old playbook’ that was sometimes viewed as ‘revenge’.

According to him, pre-trial detention before a court decision needs to be carried out more selectively.

Febri referenced the case involving advocate Junaedi Saibih, who was imprisoned in connection with alleged obstruction of investigation and bribery, but was ultimately acquitted by the first-instance court.

“Imprisonment before such a decision is certainly very detrimental and causes suffering. No one wants to be imprisoned, especially for actions they did not commit,” he added.

However, he encouraged the KPK to clarify their decisions in an open discussion space.

“In my view, there is no harm in the KPK opening a public discussion space between various opinions regarding this policy. In a democracy, differing views are perfectly acceptable. No one can claim to be the most correct,” he said again.

“Investigators have transferred the type of detention for suspect YCQ from detention at the KPK Detention Centre to house arrest since Thursday night (19/3/2026),” said KPK Spokesperson Budi Prasetyo in his statement on Saturday (21/3/2026).

Budi said that this transfer is only temporary and complies with Article 108 paragraphs (1) and (11) of Law No. 20 of 2025 on the KUHAP.

He had just completed further examination as a suspect after his pre-trial was rejected by a single judge at the South Jakarta District Court.

Yaqut is charged under Article 2 paragraph (1) or Article 3 of Law No. 31 of 1999 on the Eradication of Criminal Acts of Corruption.