KPK: Yaqut's Petition Over Haj Quota Case Not Within Pre-Trial Jurisdiction

The Corruption Eradication Commission (KPK) says the applicant’s grounds raised by former Religious Affairs Minister Yaqut Cholil Qoumas, or Gus Yaqut, regarding the designation of a suspect in the Haj quota case, are not within the purview of the Pre-Trial Judge. KPK states that Yaqut’s pretrial application grounds are ‘error in objecto.’

‘Applicant’s grounds which essentially argue concerning the designation letter of a suspect, the letter notifying the designation of a suspect, the authority of the Respondent’s leadership in the designation letter, calculation of state financial losses, the criminal procedure law applied in handling the matter at hand, are grounds that are not within the scope of Pre-Trial or outside the formal aspects within the jurisdiction of the Pre-Trial Judge,’ said the KPK Legal Bureau Team during the pretrial hearing at the South Jakarta District Court, on Wednesday (4/3/2026).

KPK states the scope provisions for the Pre-Trial Judge are as set out in Article 1 point 10 in conjunction with Article 77 KUHAP 1981, in conjunction with Constitutional Court decision No. 21 of 2014 dated 28 April 2015, and Perma No. 4 of 2016. KPK says the calculation of state financial losses is also not within the scope of the Pre-Trial.

‘That the suspect designation letter and the letter notifying the designation of the suspect are administrative documents in the investigation or judicial administration, not coercive measures, and therefore not within the scope of pretrial,’ said the KPK Legal Bureau Team.

‘Thus, likewise with the authority of the Respondent’s leadership, the calculation of state financial losses, as well as the criminal procedure applied in handling the matter at hand are not within the scope of Pre-Trial,’ he added.

KPK says the Pre-Trial judge does not have authority to assess the substance or core matter of the corruption offence, let alone the examination in a pretrial hearing conducted by a single judge and given a time limit of 7 days from the hearing opening. KPK said Yaqut’s pretrial application should be rejected.

‘Despite that, the applicant’s grounds that have mixed the substance of the case with the jurisdiction of the Corruption Court with the realm of the Pre-Trial Judge render the grounds unclear, vague, or obscured libel,’ he said.

Earlier, Gus Yaqut’s side asked the court to annul the suspect status attached to him by the KPK. Yaqut’s camp argues the evidence used by the KPK is invalid.

This was stated by Yaqut’s legal team in the pretrial hearing related to the designation of Yaqut’s suspect status in the Haj quota corruption case. Yaqut contends KPK lacks sufficient evidence to designate him as a suspect.

‘Investigations and designation of the Applicant as a suspect do not meet the sufficiency of evidence, both relating to allegations of funds flowing from organisers of the special Hajj to the Applicant, and related to the charge of wrongdoing or abuse of power in issuing KMA No. 130 of 2024 on the additional Haj quota for the year 1445 Hijri or 2024 CE,’ said Yaqut’s lawyer, Mellisa Anggraini, in the hearing at the South Jakarta District Court, on Tuesday (3/3).