Yaqut Pretrial: Expert Witness Says Suspect's Designation Must Be Backed by Audit of State Loss

Criminal-law expert Erdianto emphasised that the application of Articles 2 and 3 of the Corruption Eradication Act (UU Tipikor) can be invoked only once there is an audit determining the loss of state finances. He stressed that the authority to calculate state losses lies with the state institution authorised to conduct audits.

He made the remarks while testifying as an expert witness in the pretrial hearing of former Religious Affairs Minister Yaqut Cholil Qoumas at the South Jakarta District Court on Friday, 6 March. Erdianto was called as an expert by the KPK, the Respondent.

‘The potential loss that could arise can be treated as a completed offence under Articles 2 and 3 of the old Tipikor law. The mere potential is already a completed crime. But following the Constitutional Court judgment, it shifted to a substantive offence. There must be state loss first,’ he said.

The criminal-law expert from Riau University also asserted that calculations of state loss become invalid if not performed by the competent auditing body.

‘If that is the case, then yes (it cannot be regarded as state loss),’ he told the session in question-and-answer with Yaqut’s defence team.

Earlier, Yaqut’s lawyers, in a previous hearing, explained that under Constitutional Court Decision No. 25/2016, the application of Articles 2 and 3 UU Tipikor must be based on an audit of the calculation of state financial loss.

‘However, after the MKRI 25/PUU-XIV/2016 decision, the interpretation was fundamentally changed. The Constitutional Court stated that the element ’capable of causing state financial loss’ should be read as a real, definite loss that can be calculated concretely. Therefore, Articles 2 and 3 UU Tipikor are now substantive offences. Consequently, the evidentiary material held by investigators must target proving the existence of state financial loss,’ said Mellisa Anggraeni, counsel for Yaqut, in the court in South Jakarta on Thursday, 4 March.

In addition, during the hearing, Yaqut’s side asserted that the state-body authorised to calculate losses is the Audit Board of Indonesia (BPK).

‘Moreover, the determination of state loss is constitutional only with BPK,’ Mellisa added.

Earlier: ’Sebelumnya, pada 4 Februari 2026, the KPK carried out an arrest operation at the Directorate General of Customs and Excise, Ministry of Finance.

The KPK subsequently conducted searches of several rooms at the Pekalongan Regency Secretariat in connection with the case against Pekalongan Regent Fadia Arafiq.’