KPK Reveals Reasons For Using Articles Of State Losses In Corruption Cases Of Hajj Quota

JAKARTA - The Corruption Eradication Commission (KPK) said that the application of articles of state losses in the corruption case of quotas and Hajj implementation in 2023-2024 was intended to provide a deterrent effect and improve the system.

Acting (Plt) Deputy for Enforcement and Execution of the KPK Asep Guntur Rahayu stated that the bribery article tends to stop at recipients or givers. Meanwhile, the application of articles of state losses can go further.

"For example, if A wants to get a quota, then B gives a quota that shouldn't be for A. Well, then person A gives something or some money to person B as compensation for the provision of quotas that don't belong to him. Only there," Asep told reporters at the KPK's Merah Putih building, Kuningan Persada, South Jakarta, Wednesday, October 1.

"After we prove a crime, then we take A and we submit B to court for trial. It's just finished there," he continued.

As for Article 2 paragraph 1 or Article 3 of the Corruption Eradication Law (UU Tipikor) which regulates state financial losses, the KPK is not only processing suspects. "So, the advantage is that we know who committed acts against the law," said Asep, who also serves as Director of KPK Investigation.

"Second, what is the system of implementing or organizing this pilgrimage so that why can there be leaks. That's in terms of taking action," he explained.

From this process, the KPK can then submit an evaluation to the Ministry of Hajj. Thus, the gap in corruption can be closed as a precautionary measure.

"An evaluation will be carried out and later the results of the evaluation will be submitted to the Ministry of Hajj. Which points are the vulnerable points where the budget leaks may occur so that in the implementation of the Hajj in the following year, for example in 2026 and so on, the leaks can be anticipated," said Asep.

Previously reported, the KPK said that allegations of corruption related to quotas and the implementation of Hajj in 2023-2024 at the Ministry of Religion (Kemenag) would enter a new chapter. In the near future, the suspects will be determined because of the process that runs using a general investigation warrant (sprindik).

The general Sprindik uses Article 2 Paragraph 1 and/or Article 3 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2021 in conjunction with Article 55 paragraph 1 of the Criminal Code. This means that there are state losses that occur due to this corrupt practice.

State losses in the corruption case of quota and Hajj for the period 2023-2024 are said to have reached more than IDR 1 trillion. This number is still increasing because it is only the initial calculation of the KPK which continues to coordinate with the Supreme Audit Agency (BPK).

This case stems from the provision of 20,000 additional Hajj quotas from the Saudi Arabian government for Indonesia to reduce queues for pilgrims. However, the distribution turned out to be problematic because it was divided equally, namely 50 percent for regular Hajj and 50 percent for special Hajj based on the Decree (SK) of the Minister of Religion signed by Yaqut Cholil Qoumas.

In fact, based on the law, the distribution should be 92 percent for regular Hajj and 8 percent for special Hajj.

Later, the distribution of problems was allegedly due to money from the Hajj and Umrah travel parties as well as the associations that oversee the Ministry of Religion. After getting the allotment, they sold the additional quota to prospective pilgrims.

During the investigation process, a number of parties have been questioned, including Yaqut Cholil Qoumas. Investigators have also searched his house and found documents and electronic evidence that are suspected to be related.