JAKARTA - The Corruption Eradication Commission (KPK) is asked to focus on investigating alleged corruption in determining quotas and organizing the 2023-2024 hajj at the Ministry of Religion (Kemenag). The principle of equality before the law must be upheld.
"There must be no exceptions, there must be no areas immune from inspection," said former KPK investigator, Praswad Nugraha, through his written statement quoted on Thursday, January 28.
Praswad said the anti-corruption commission must investigate the active actions of the private sector, or in this case the organizer of the special hajj (PIHK) who intervened in the distribution of 20,000 additional hajj quotas from the Saudi Arabian government.
"The KPK investigators are obliged to prove that there is active action from the private sector to intervene in the composition of the quota either through bribes or other benefits so that there is a relationship with officials who have regulatory authority," he said.
"In terms of criminal law, parties who transact on the basis of official policies cannot be blamed immediately, as long as there is no evidence that the person concerned has initially initiated, designed, or wanted the deviation of the policy," continued Praswad.
According to Praswad, this method is also not appropriate if it is accused of being a criminalization step against entrepreneurs. "From this process, it is hoped that the KPK will be able to draw a clear line between the responsibilities of regulators and the position of third parties in this case," he said.
"The integrity of law enforcement is measured by the courage to examine all relevant parties, not from who is touched first or who is avoided. The public is also waiting for a legal process that is transparent, independent, and completely free from power intervention," he explained.
As previously reported, the KPK has 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.
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