Yaqut's Legal Counsel Optimistic Pretrial Motion Will Be Granted by Judge
The legal counsel for former Religion Minister Yaqut Cholil Qoumas expressed confidence that the pretrial motion filed by his client would be granted by the judge. This conviction was based on the facts presented during the hearing, expert testimony, and legal arguments submitted throughout the pretrial proceedings.
The statement was made by Yaqut’s legal counsel, Melissa, before the pretrial decision hearing at South Jakarta District Court on Wednesday, 11 March.
“So far, God willing, we are confident, looking at the facts presented at the hearing, expert testimony, and the arguments we have submitted,” Melissa said.
Nevertheless, she emphasised that her team had presented all legal arguments deemed relevant. Melissa now left the decision entirely to the judge.
“In the end, we have made the greatest effort possible. We place this today in the judge’s hands to decide. Hopefully he will render the best and fairest decision,” she said.
Melissa also hoped the pretrial decision would establish a positive precedent in law enforcement, especially following the implementation of new criminal procedure law provisions from the beginning of this year. According to her, procedural errors in law enforcement processes should not be compromised because they could set a dangerous precedent.
Further, Melissa argued there were issues with the Corruption Eradication Commission’s (KPK) process in designating Yaqut as a suspect. She stated that so far the KPK had accused Yaqut of abuse of authority. However, according to her, problems with authority emerged in the process of designating the suspect.
“During yesterday’s hearing we observed that under the new KPK law, the authority of the leadership as investigator has been removed. This means the investigator is the one authorised to designate a suspect,” she said.
Melissa noted that in designating Yaqut as a suspect, the document was signed by KPK leadership. This, according to her, was one of the grounds for the pretrial motion filed by her team.
Nevertheless, Melissa emphasised that her team would respect whatever decision the judge made in the case. She stated that the pretrial motion was her client’s right as a citizen to test the validity of the suspect designation.
“However, whatever decision the judge makes, including rejecting the motion, we will certainly respect it and follow all processes that may emerge in the future,” she said.
If the pretrial motion is rejected, the legal proceedings against Yaqut at the Corruption Eradication Commission would likely continue to the substantive case stage.
The case originated from an additional hajj quota of 20,000 pilgrims allocated to Indonesia for the 2024 hajj season. However, the distribution of the additional quota was suspected of not complying with regulations.
The KPK stated that the quota distribution should follow a composition of 92 per cent for regular hajj and 8 per cent for special hajj. However, the additional quota was allegedly divided equally at 50:50, with 10,000 each for regular hajj and special hajj.
With the increase in the special hajj quota, several travel agencies allegedly provided fees to officials at the Religion Ministry.
In this case, the KPK has designated two suspects: Yaqut Cholil Qoumas and his former special staff member, Ishfah Abidal Aziz, also known as Gus Alex. Both face charges under Article 2(1) or Article 3 of the Anti-Corruption Law (UU Tipikor) regarding allegations of causing state financial losses.
State losses in this case are still being calculated. However, the KPK previously mentioned the alleged loss figure could reach Rp1 trillion.
Melissa also hoped that all her client’s rights would be fulfilled, despite his status as a suspect. One of them is upholding the principle of presumption of innocence.