The Determination of the KPK Suspect is Questioned by the Yaqut Cholil Qoumas Group: Hajj Quota is Not State Finance

JAKARTA - The legal team for the former Minister of Religion (Menag) Yaqut Cholil Qoumas questioned the basis for the determination of suspects by the Corruption Eradication Commission (KPK) in the corruption case of determining quotas and the implementation of the 2023-2024 hajj. The object of the case is considered not to be included in the definition of state finances so that it is considered outside the authority of the institution.

This was conveyed by Yaqut's lawyer, Mellisa Anggraeni, when reading the pretrial application at the South Jakarta District Court (PN) today, March 3. The lawyer stated that the definition of state finances and state losses had been regulated in a limited manner in the State Finance Law, the State Treasury Law, and the State Audit Agency Law (BPK).

"The Hajj quota as an object of determining the suspect against the applicant is not included in the definition of State Finance as stipulated in Article 1 paragraph (1) and Article 2 of Law Number 17 of 2003 concerning State Finance," said Mellisa in the trial.

The lawyer team also said that the object of the case did not meet the elements of state losses as stipulated in the relevant laws and regulations regarding the state treasury and the BPK.

Therefore, they assessed that the case against Yaqut was not relevant to the authority of the KPK as stipulated in the KPK Law.

"Based on this, the respondent does not have the authority to conduct an investigation, investigation or establish a suspect in the case a quo."

In addition, the signature affixed by the KPK leadership in the Letter of Notification of the Suspect on January 9 was also highlighted by the legal team. The determination of the legal status of Yaqut should have been carried out by the investigators in accordance with Article 90 paragraph (1) and (2) of the New Criminal Procedure Code.

Meanwhile, the KPK leadership is no longer in the status of investigator based on Law Number 19 of 2019.

"Both de jure and de facto, the KPK leadership no longer has the status or position as an investigator."

"That the direct consequence of the removal of the status as stated above is that when the KPK leadership no longer holds the position as an investigator, the KPK leadership does not have the authority to sign documents that must be legally carried out by investigators, including letters related to coercive efforts and procedural actions inherent in the authority of the investigator."

As previously reported, the former Minister of Religion (Menag) Yaqut Cholil Qoumas filed a pretrial to the South Jakarta District Court (PN) on Monday, February 10. The lawsuit was registered with the number 19/Pid.Pra/2026/PN.JKT.SEL.

This pretrial was filed after the KPK announced two suspects in the corruption case for determining quotas and organizing the 2023-2024 Hajj period at the Ministry of Religion. They are former Minister of Religion Yaqut Cholil Qoumas and staff in particular, Ishfah Abidal Aziz alias Gus Alex.

The determination of the suspect was made later, because the KPK investigated the alleged corruption by using a general investigation order (sprindik) issued on August 7, 2025.

The Sprindik general uses Article 2 Paragraph 1 and/or Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2021 jo article 55 paragraph 1-1 of the Criminal Code. This means that there is state loss that occurs due to this corrupt practice.

The KPK said that the state's losses in the 2023-2024 quota and Hajj management corruption cases were said to have reached more than Rp. 1 trillion. The suspicion began with the provision of 20,000 additional Hajj quotas from the Saudi Arabian government for Indonesia to reduce the queue of pilgrims.

However, recently the distribution turned out to be problematic because it was divided equally, namely 50 percent for regular hajj and 50 percent for special hajj.

In fact, according to the law, the distribution should be 92 percent for regular hajj and 8 percent for special hajj.

During the course of this case, a number of parties have been examined. Among them are former Minister of Religion Yaqut Cholil Qoumas to travel agents or travel agents who organize special hajj (PIHK), including Fuad Hasan Masyhur as the boss of Maktour.