Yaqut's Pretrial: Investigations Commenced Before 2026 to be Resolved Under the Old KUHAP

JAKARTA — A criminal law expert from Universitas Riau, Erdianto, stated that criminal cases whose investigation process began before the enactment of the new Criminal Procedure Code (KUHAP) must still be resolved under the provisions of the old KUHAP. He said this while giving expert testimony for the respondent’s side at the South Jakarta District Court on Friday, 6 March 2026. He emphasised that legal proceedings already commenced should not be altered midway.

Erdianto explained the transitional provisions in the new KUHAP, specifically Article 361(a), which governs the handling of cases that were ongoing before the new law entered into force on 2 January 2026. He noted that the principle relates to the legality doctrine in criminal procedure law, which is lex scripta, lex certa, and lex stricta, so as to avoid shifting interpretations.

‘This legal process will not change midway. That is the principle,’ he said.

He noted that both the old rules, the new rules, and even the Constitutional Court’s rulings still require at least two pieces of evidence to determine someone as a suspect. He emphasised when asked that determining someone as a suspect under either the old KUHAP or the new KUHAP, and constitutional court decisions, remains the same, based on two pieces of evidence. ‘Yes, the same. No difference,’ said Erdianto.

This praperadilan hearing is a lawsuit filed by former Religious Affairs Minister Yaqut Cholil Qoumas against his designation as a suspect and against the Corruption Eradication Commission (KPK). The trial currently entered the stage of expert witness examination from the respondent’s side.