KPK Prosecutors Ask Judge to Reject Former Religious Affairs Minister Yaqut's Objection

Prosecutors from the Corruption Eradication Commission (KPK) have requested that the panel of judges at the Jakarta Corruption Court reject the objection submitted by Yaqut Cholil Qoumas, a suspect in the alleged corruption case involving additional hajj quotas for 2023–2024. ‘We request the Honourable Panel of Judges examining, adjudicating and deciding this case to reject the legal objection of the advocate team of Defendant Yaqut Cholil Qoumas in its entirety,’ said prosecutor Greafik Loserte T.K at the Jakarta Corruption Court on Friday (21/8).

The prosecution wants indictment number 71/TUT.01.04/24/07/2026 dated 21 July 2026 against Yaqut to be declared legally valid because it was prepared in accordance with Article 75 paragraphs (2) and (3) of the Criminal Procedure Code, so that it can serve as the basis for examining and adjudicating the corruption case. Prosecutors also asked the judge to rule that the examination hearing for corruption case number 42/Pid.Sus-TPK/2026/PN.Jkt.Pst proceed to the evidentiary stage.

‘We hope the Panel of Judges remains firm, wise and prudent in continuing this case to the evidentiary stage, so that harmony in seeking material truth is maintained until the trial concludes, in order that the legal objectives of achieving justice, certainty and benefit can be realised in this case,’ the prosecutor said.

In one of its arguments, the prosecution highlighted the view of Yaqut’s legal team that the indictment was not careful, clear and complete. According to the prosecution, the argument put forward as the basis for declaring the indictment obscuur libel is in fact an argument that recounts events, both those occurring in the country and at the hajj sites in 2023 and 2024 within the Kingdom of Saudi Arabia. These events were presented in such a way as to suggest that Yaqut’s action in setting the additional hajj quota for 2024 at 50 per cent for regular hajj and 50 per cent for special hajj could be justified.

The prosecution considers that this point of objection has already entered the main substance of the case, which must be tested through the evidentiary process. The public prosecutor affirmed that the indictment against Yaqut had been set out carefully, clearly and completely.

Regarding the element of mens rea or criminal intent, the public prosecutor has described various events depicting Yaqut’s active conduct before, at the commencement and at the completion of the elements of unlawfulness, enriching oneself or another person or a corporation in the first charge, and the element of abuse of authority, opportunity or means available to him by virtue of his office or position, and the element of benefiting oneself, another person or a corporation in the alternative second charge. The description of these active acts was said to have been set out clearly and plainly in the indictment.

The acts regarded as active conduct, which in theory are referred to as the manifestation of mens rea, namely material acts (actus reus) relating to the implementation of the hajj using additional quotas in 2023–2024, have been presented by the public prosecutor in the indictment.

‘Therefore, the argument of the Defendant’s advocate team must be rejected and/or set aside because it falls outside the scope of the objection, since besides already touching on the main substance of the case, the argument also concerns differences in perspective in assessing a description of events contained in the public prosecutor’s indictment,’ the prosecutor said.

Previously, former Religious Affairs Minister under the seventh President Joko Widodo, Yaqut Cholil Qoumas, was charged with causing state losses of Rp622,090,207,166.41 (Rp622 billion) in the alleged corruption case involving additional hajj quotas for 2023–2024. Prosecutors stated that the unlawful acts were committed by Yaqut together with three other defendants: Yaqut’s special staff member Ishfah Abidal Azis, also known as Gus Alex; Maktour Operations Director Ismail Adham; and Kesthuri Association Chairman who is also Commissioner of PT Raudah Eksati Utama, Asrul Azis Taba. The state loss figure is based on the Investigative Audit Report of the Supreme Audit Agency (BPK).

According to prosecutors, the filling of the additional special hajj quota for 2023–2024 was carried out contrary to prevailing legal provisions with the aim of accommodating requests from the Association of Special Hajj Organisers (PIHK).