Yaqut's lawyer: KPK does not obey the Criminal Procedure Code only about the examination of the suspect candidate
JAKARTA - The legal team of former Minister of Religion Yaqut Cholil Qoumas considers that the KPK does not obey the new KUHAP rules regarding the examination of prospective suspects. Yaqut's lawyer team said that the KPK never examined his client before the determination of suspects related to the management of the 2023-2024 Hajj quota case.
This was conveyed by the head of the legal team, Yaqut, Mellisa Anggraeni, during a trial at the South Jakarta District Court (PN), Wednesday, March 4.
"Because the Respondent never examined the Applicant as a potential suspect before designating him as a Suspect, the Respondent's actions have clearly contradicted the applicable criminal procedure law, and violated the principle of due process of law," said Mellisa.
"Thus, the determination of the status of the suspect against the applicant is an illegal act and should be declared null and void," he added.
Mellisa explained that the determination of the suspect status for Yaqut was made by the KPK based on the notification letter for the initiation of the investigation (sprindik) dated January 8, 2026. Although, he said, the KPK had issued the sprindik of the case in question in August and November 2025.
"The Applicant emphasizes that the relevant Sprindik for the determination of the suspect is the Sprindik of January 8, 2026, not the Sprindik of August 8, 2025 and the Sprindik of November 21, 2025. This is because the Sprindik of August 8, 2025 and the Sprindik of November 21, 2025 are basically still in the process of finding evidence, finding or finding suspects, and have not been directed at the Applicant as a suspect," said Mellisa.
Mellisa emphasized that handling cases of alleged corruption related to quota determination and the implementation of the hajj must be based on new legal rules.
"That with the existence of Sprindik 8 January 2026, the sprindik against the determination of new suspects begins, so that the investigation against the Applicant will only be carried out on 8 January 2026 after the new KUHAP is effective," said Mellisa.
"Thus, in accordance with the provisions of the new KUHAP transition as regulated in the provisions of Article 361 of the new KUHAP, the provisions applicable to the investigation or prosecution must be regulated based on the new KUHAP in accordance with the provisions of Article 361 letter b of the New KUHAP," he continued.
As previously reported, the team of lawyers for former Minister of Religion Yaqut Cholil Qoumas believes that the process of determining the suspects carried out by the KPK against his client is not in accordance with the applicable legal provisions. The Yaqut party considers the determination of the suspects against his client by the KPK to be invalid.
"Based on the description as stated above, the procedure for determining the suspect according to the provisions of Article 90 paragraph (2) of the Criminal Procedure Code is not met by the Respondent, and therefore the determination of the suspect against the Applicant by the Respondent must be declared invalid and not legally binding," said the chairman of the legal team, Yaqut, Mellisa Anggraeni, in a trial at the South Jakarta District Court, Wednesday, March 4.