Johanis Tanak Soal Pimpinan KPK Tak Berhak Tetapkan Yaqut Tersangka: Pandangan Keliru!

JAKARTA - Deputy Chairman of the Corruption Eradication Commission (KPK) Johanis Tanak assessed that there was a wrong view if his party as the leadership was considered unable to designate someone as a suspect in a corruption case, including the former Minister of Religion (Menag) Yaqut Cholil Qoumas.

This was conveyed by Johanis Tanak in response to the statements of a number of experts who colored the pretrial lawsuit process of Yaqut at the South Jakarta District Court (PN). This assumption also appeared in the arguments of the application filed by the former minister's camp.

"That the KPK leadership is not authorized to determine suspects in corruption cases handled by the KPK is a wrong view according to law or not true according to law," Johanis told reporters, Wednesday, March 11.

Johanis said that corruption was clearly within the realm of criminal law. "It is part of public law," he said.

"So that its implementation becomes the authority of the state as a public legal entity, then the authority of the state is delegated to state organs, such as the KPK, Prosecutor's Office, police and other state institutions to carry out the authority of the state determined in a law, not handed over to a person or leader of state institutions," continued Johanis who is a former prosecutor.

Furthermore, Johanis said, the KPK as a state institution, its authority is carried out through leadership. This statement is based on Law Number 30 of 2002 and its amendments which are regulated in Law Number 19 of 2019.

"Thus it is clear that ex-officio the leadership of the KPK has the authority to conduct investigations and establish suspects in corruption cases handled by the KPK," he explained.

"And the KPK leadership can delegate its authority to investigators at the KPK to conduct investigations and establish suspects. Without the delegation of authority from the KPK leadership to investigators at the KPK, investigators cannot conduct investigations and establish suspects as well as other coercive efforts in the process of handling corruption cases. "

Yaqut is known to have 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.

During the trial, Melissa Anggraeni as Yaqut's lawyer considered the determination of the suspect status for her client to be invalid. The investigation process against the former Minister of Religion in the era of President of the 7th RI Joko Widodo (Jokowi) should have been carried out by referring to the new KUHAP.

"The conditions and terms for the determination of suspects have not been met. The procedure for determining suspects does not comply with the provisions of the applicable criminal procedure law, and the authority of the Respondent in question in conducting the investigation and determining the Applicant as a suspect," said Mellisa in a trial at the South Jakarta District Court, Wednesday, March 4.

Then, the Yaqut camp questioned several other things. One of them, related to the calculation of state losses in the case of alleged corruption in quotas and the organization of the 2023-2024 hajj.

Yaqut's lawyer team said the amount of state losses as conveyed by the KPK was not real. "Including the absence of a date listed in the audit results when it was carried out or indeed has not been completed," said Mellisa.