JAKARTA - The legal team for former Minister of Religion Yaqut Cholil Qoumas considers that the Corruption Eradication Commission (KPK) violated the new Criminal Procedure Code (KUHAP) when it named suspects in the corruption case of determining quotas and organizing the 2023-2024 hajj.
In the pretrial motion filed to the South Jakarta District Court (PN), Yaqut's lawyer team was said to have only received a notification letter of the determination of the suspect dated January 9, 2026.
"In a limited manner in the provisions of Article 90 paragraph (2) and (3) of the new Criminal Procedure Code, namely the determination of a suspect must be included in the Letter of Determination of a suspect signed by the investigator and notified to the suspect no later than one day after the letter is issued, and contain the identity of the suspect, a brief description of the case, and the rights of the suspect," said lawyer Yaqut, Mellisa Anggraini, when reading the pretrial application.
"In the a quo case, until this pretrial application was filed, the applicant only received the Notification of Determination of the Suspect on January 9. Meanwhile, the Letter of Determination of the Suspect as required by Article 90 paragraph (2) and (3) of the Criminal Procedure Code has never been received," he continued.
The Yaqut camp considers that the determination of the suspect should be based on the new KUHAP in accordance with Article 361 letter B. Because, the investigation only began on January 8 or six days after the policy took effect on January 2.
Apart from administrative matters, the legal team also assessed that the determination of a suspect against Yaqut did not meet the minimum requirements for evidence as stipulated in the new Criminal Procedure Code.
In corruption cases, the element of state losses is said to be proven through the results of audits by authorized institutions. But, what happened was just the opposite, because the KPK has not yet collected the calculations of the Financial Audit Agency (BPK).
"At the time of the determination of the suspect by the defendant, there was no evidence in the form of audit results/reports on the calculation of state losses from the authorized institution."
This condition is what makes the Yaqut legal team believe that the KPK does not meet the requirements when designating their client as a suspect. They also argue that the object of the case in the form of a Hajj quota does not fall under the definition of state finances so that it is considered outside the authority of the KPK to conduct an investigation.
"Based on this, the respondent does not have the authority to conduct an investigation, investigation or establish a suspect in the case a quo. Therefore, the determination of a suspect against the applicant should be declared invalid and not legally binding, along with all derivative/related legal products."
As previously reported, the former Minister of Religion (Menag) Yaqut Cholil Qoumas 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.
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.
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