Not Bribery, This Is the Reason KPK Uses State Loss Article in Hajj Case
The Corruption Eradication Commission (KPK) has just announced two new suspects in the alleged corruption case concerning the 2023-2024 Hajj quota. They are Ismail Adham, Operational Director of PT Makassar Toraja (Maktour), and Asrul Azis Taba, Commissioner of PT Raudah Eksati Utama and General Chairman of the Kesthuri Association.
The designation of these suspects follows the earlier detention of former Minister of Religious Affairs Yaqut Cholil Qoumas and his Special Staff Ishfah Abidal Aziz alias Gus Alex.
The suspects are charged with violating Article 2 paragraph (1) and or Article 3 of the Corruption Eradication Law (UU Tipikor) juncto Article 55 paragraph (1) first of the Criminal Code or as referred to in Article 603 or Article 604 of Law Number 1 of 2023 on the Criminal Code juncto Article 20 letter (c) of the Criminal Code Law. This pertains to losses to state finances.
The KPK has explained the reason for not applying the bribery article despite discovering money flows from Hajj and Umrah travel agents to several officials in the Ministry of Religious Affairs.
“The scope of Articles 2 and 3 of the UU Tipikor is broader. Because, the use of Articles 2 and 3 involves the element of harming state finances. Now, the regime of the anti-corruption law in our country is more favourable to asset recovery,” said KPK Deputy for Enforcement and Execution Asep Guntur Rahayu during a press conference at his office in Jakarta on Monday (30/3) night.
Asep explained that using the state loss article is more appropriate for recovering assets taken unlawfully or against the law.
“We believe that state financial losses must be restored so that the state can reclaim money or state wealth or assets that are currently taken over unlawfully by these criminal actors,” he stated.
“Well, if it can be taken over, then those state assets can be used as much as possible for the benefit of the people, in this case for better Hajj services,” he continued.
Based on calculations by auditors from the Supreme Audit Agency (BPK) of Indonesia, the alleged corruption case in the 2023-2024 Hajj quota is said to have caused state financial losses amounting to Rp622 billion.
In the investigation process, the KPK found that more than 300 Hajj and Umrah travel agents across almost all regions in Indonesia received quotas that had been pre-arranged.
Asep assured that his side would do its utmost to recover those state losses.
“For the calculations, of course, it will be the domain of the BPK auditors. So, we pray that this case can be resolved soon. We bring it to trial, then in the trial it can be clearer how the calculation methodology is and from where we can arrive at the figure of Rp622 billion,” he added.
Roles of Ismail and Asrul
Ismail and Asrul are alleged to have played an active role in arranging the filling of additional special Hajj quotas that did not comply with statutory regulations, as well as providing certain amounts of money to state organisers.
The two suspects, together with Fuad Hasan Masyhur as the Board of Trustees of the SATHU Forum (Forum for Silaturahmi of Hajj and Umrah Travel Associations) and other parties, held meetings with Yaqut and Ishfah.
The meetings were intended to request an increase in special Hajj quotas exceeding the 8 percent limit as stipulated in the regulations.
Eventually, in the process, the regular and special Hajj quotas were divided on a 50 percent-50 percent scheme.
Subsequently, Ismail and Asrul, together with parties from the Ministry of Religious Affairs, arranged the filling of additional special Hajj quotas for companies affiliated with Maktour, thereby obtaining additional special Hajj quotas including Hajj quotas under the expedited departure scheme (T0).
“Suspect ISM [Ismail Adham] is alleged to have given a certain amount of money to IAA [Ishfah] amounting to US$30,000 as well as to brother HL [Hilman Latief as Director General of Hajj and Umrah Organisers of the Ministry of Religious Affairs] amounting to US$5,000 and 16,000 SAR,” said Asep.
For that act, Maktour obtained illegal gains in 2024 amounting to approximately Rp27.8 billion.
“Meanwhile, suspect ASR [Asrul Azis Taba] is alleged to have given a certain amount of money to brother IAA amounting to US$406,000,” Asep continued.
For that giving, said Asep, 8 Special Hajj Service Organisers (PIHK) affiliated with Asrul also obtained illegal gains in 2024 totaling Rp40.8 billion.
“The receipt of certain amounts of money by IAA and HL from the suspects is alleged to be a representation of brother YCQ [Yaqut Cholil Qoumas] as the Minister of Religious Affairs at that time,” stated Asep.