These are 4 Crucial Views of Experts in the Yaqut Pre-trial Hearing

JAKARTA - Former Minister of Religion Yaqut Cholil Qoumas presented 4 legal experts in a pre-trial hearing today at the South Jakarta District Court (PN). At least there are 4 crucial views from experts, one of which says that Yaqut's indictment is legally flawed.

The legal experts presented by Yaqut consist of various fields. There are criminal law, state governance law, to state finance experts.

Yaqut was named a suspect by the KPK in a case of alleged corruption related to the 2023-2024 Hajj quota. Yaqut's arrest was based on an investigation order (sprindik) dated January 8, 2026.

Here are 4 crucial views from legal experts at the pretrial hearing of Yaqut:

Determination of the Suspect Yaqut is Legally Disabled

The view that the appointment of the suspect Yaqut notes the law was conveyed by the expert in state governance law Oce Madril. Oce said that the appointment of Yaqut as a suspect was legally flawed because the appointment letter was signed by the head of the KPK.

"This letter (the determination of the suspect Yaqut) is simple. If this letter is signed by the investigator, the matter of authority is over. But because this letter uses a model - this, my assumption is the old model, the old KPK Law, maybe like this. But it seems that if the administration does not change, if this is the case, then the KPK leadership cannot delegate because he does not have the authority. Well, if the model is like this, this is a material defect and a formal defect, yes, letters like that," said Oce.

He said that based on the new KPK Law, the KPK leadership no longer has the authority as an investigator.

"I think no, because earlier, if Article 21 of Law Number 19 of 2019, the new KPK Law, because the leadership no longer has attributive authority as investigators, then it has no authority. So what do you want to distribute like that? So there is nothing to distribute," he said.

Audit of Losses Must Have Been There Before Yaqut Was a Suspect

Regarding the audit of state losses, this was conveyed by criminal law expert Mahrus Ali. He emphasized that the investigative audit of state financial losses must have been completed before Yaqut was named a suspect.

"So if we refer to the new Criminal Code, it mentions the existence of losses. For the proof of the offense in the article on corruption of state losses, the offense is said to be voltooid (complete) when there is an investigative audit that confirms that there has been a financial loss to the state. If there is none, the offense has not been voltooid (complete)," said Mahrus in the trial.

Mahrus explained that the corruption case that ensnared Yaqut was a material offense. Where, he said, the investigation of the case was carried out because of the consequences that arose, in this case the state's loss. And if there has not been an investigative audit of state losses, according to him, the determination of a suspect against Yaqut is invalid.

"And it (the investigation audit of state financial losses) must have existed before the designation of a person as a suspect, not afterwards," he explained.

"(The determination of a suspect against Yaqut) is not valid," added Mahrus.

KPK Must Provide Letter of Determination of Suspects to Yaqut

As for the letter of determination of the suspect, it was conveyed by Oce Madril. The legal expert from Gajah Mada University (UGM) explained that the obligation to submit the letter of determination of the suspect was regulated in Article 90 of the new Criminal Procedure Code. According to him, the letter of determination of the suspect is similar to a copy of the decision of a case.

"(A copy of the decision) is the same as this, the letter of determination of the suspect. Is it the same as 'eh, you are a suspect'? Where is the letter? That's right," said Oce in the trial.

"Well, if (Article) 90 paragraph 2, which was sent, which must exist is the letter of determination of the suspect. It's clear," he said.

KPK pernah kalah praperadilan gara-gara audit kerugian

The issue of state losses in the Yaqut case is indeed the main focus. Criminal law expert Mahrus Ali emphasized that the report on the calculation of state losses is crucial evidence in the alleged corruption case that ensnared Yaqut.

Mahrus also remembered the incident when the KPK lost in a pretrial hearing filed by former Director General of Taxes Hadi Poernomo in 2017. At that time, Hadi also questioned his designation as a suspect by the KPK. And the result, the KPK lost because the report on the calculation of state losses was not completed.

"In the past, Your Majesty, in the Hadi Poernomo case, this was the first case where the KPK lost, lost when the BPK stated 'we only have 10% of this audit result', but the KPK leadership named a suspect," said Mahrus in the trial.