Yaqut's pretrial challenge: Expert says suspect designation must be carried out by investigators, not by the KPK leadership
JAKARTA — A criminal law expert from Universitas Gadjah Mada (UGM), Oce Madril, stated that the designation of a suspect under Article 90 of Law Number 26 of 2025 on the KUHAP (the New KUHAP) must be carried out by investigators, not by the agency’s leadership.
The statement was made during a pretrial challenge hearing filed by former Religious Affairs Minister Yaqut Cholil Qoumas against the Corruption Eradication Commission (KPK), which was reconvened at the South Jakarta District Court on Thursday, 5 March 2026.
He appeared as a petitioner-witness, in testimony regarding the authority to designate a suspect as regulated in Article 90(1) and (2) of Law Number 26 of 2025 on the KUHAP (the New KUHAP).
He noted that in the previous regulation the KPK leadership still had a role in the investigation process, but the new provision stresses that suspect designation must be done by the investigator.
Thus, according to Oce Madril, the old working model which placed the KPK leadership as the party designating suspects is no longer relevant to the new KUHAP.
‘When Article 90 of the KUHAP states that the designation of a suspect must be by the investigator, the KPK’s working method must adjust. The KPK leadership may no longer designate suspects, because that authority rests with the investigator,’ Oce Madril told the court in the presence of the judge.
In addition, he explained that the norm in the article is an attributive authority norm, i.e., authority directly granted by law to a particular official to carry out a legal action.
He argued that every exercise of authority typically comprises three main elements: who implements the norm (implementing norm), the procedure for its execution, and the form of action taken.
‘Because this is an attributive authority, it must be carried out by the official appointed by law, namely the investigator. It cannot be performed by another official and cannot be delegated unless mandated by law,’ Oce Madril said in court.
He also emphasised that the authority to designate suspects carries serious implications because it can restrict a person’s rights.
Therefore, its implementation must meet a strict compliance with the procedures set out in the law.
‘If there is a defect in the aspect of authority, then in administrative law it falls into a material defect with legal consequences that voids it by operation of law—the action is considered never to have existed,’ he explained.
The pretrial hearing was held to test the lawfulness or otherwise of the designation of a suspect against Yaqut in the case of the suspected 2023–2024 special haj quota corruption case being handled by the KPK.
The hearing will continue with expert examination and evidence from the parties.