Yaqut Grateful KPK Experts Agree that State Losses Must Already Exist Before Naming Suspects

JAKARTA - Former Minister of Religion Yaqut Cholil Qoumas commented on the course of the pretrial application hearing for the determination of suspects carried out by the KPK. Yaqut was grateful that experts, both from his party and the KPK, agreed that the calculation of state losses must have been completed before the determination of suspects.

This was conveyed by Yaqut after attending a trial at the South Jakarta District Court (PN) on Monday, March 9. He initially conveyed his assessment of the trial process from the beginning to today.

"As a citizen who is seeking legal justice, I have to say frankly that I feel relieved because so far this pre-trial process has been open, fair, and objective. All parties, both the applicant and the respondent, get what... a fair and wide time and space," said Yaqut.

Yaqut also appreciated the leadership of the panel of judges who presided over his pretrial hearing. Yaqut assessed that the leadership of the panel of judges made the trial run well.

"Well, the honorable single judge, Mr. Sulisthomo Muhammad Dwi Putro, I think he is leading this pre-trial process firmly so that everything can run well, smoothly, and today we also see that everything is going well," he said.

"This shows that the state is present in every legal process, yes, which is requested by citizens. We should all feel relieved about this," added Yaqut.

Yaqut is grateful that there is an understanding between experts from his party and the KPK regarding his designation as a suspect. In particular, he touched on the calculation of state losses.

"I am very grateful because there is understanding, understanding between the expert witnesses of the defendant (KPK) and the expert witnesses of the applicant in several things. Especially the most important thing is that the witnesses, both witnesses from the applicant and the defendant, have an understanding that the determination of the suspect must go through the process or there must be a loss of the state first. Nah, I am grateful," said Yaqut.

He assessed that experts from his party and the KPK had expressed objective views. "But in principle I am happy with that. Finally, all of this also runs objectively, not only the judicial process but also the expert witnesses who are present also provide an objective and comprehensive understanding," he said.

Finally, Yaqut also believes that in the end the truth regarding his designation as a suspect will be revealed.

"I believe that with a very objective trial, which I believe is fair, yes, the truth will find its way wherever and whenever. And this I think is a good opportunity for this country in general and all members of the community that the truth is in this country that we love, justice is in this country that we love," he concluded.

The expert's view highlighted by Yaqut, namely the calculation of state losses, is one of the points that was explored in the trial. The experts who were present were asked for their views on whether the calculation of state losses must already exist before the determination of suspects.

For example, the views of criminal law experts from the Yaqut side, Mahrus Ali. Mahrus emphasized that the investigation 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 that there is a loss. For the proof of the offense in the article on corruption, the loss of the state, the offense is said to be voltooid (complete) when there is an investigative audit that confirms that there has been a loss of state finances. If there is none, the offense has not been voltooid (complete)," said Mahrus in the pretrial hearing of Yaqut, at the South Jakarta District Court, Thursday, March 5.

This view was also conveyed by a criminal law expert from the KPK, Erdianto. He said that Articles 2 and 3 of the Corruption Crime Law (UU Tipikor) could be applied if there were results of audits of state financial losses.

"The potential losses that arise can be considered completed criminal acts as in Articles 2 and 3 of the old Tipikor Law. The potential alone is already a perfect criminal act. But then with the decision of the Constitutional Court (MK), it shifted to a material offense. There must first be state losses," he said in a trial at the South Jakarta District Court, Friday, March 6.