Lawyer Dismantles KPK Evidence, Emphasizes the Determination of the Suspect Yaqut is Not Valid

The lawyer for former Minister of Religion Yaqut Cholil Qoumas in a follow-up pre-trial hearing

JAKARTA - The legal team for former Minister of Religion Yaqut Cholil Qoumas considers the decision of the KPK to name his client a suspect in the corruption case of determining quotas and the implementation of the 2023-2024 hajj is invalid.

In the reading of the replik hearing at the South Jakarta District Court (PN), Wednesday, March 4, Yaqut's legal team initially emphasized the process of determining the status of the suspect.

"That based on the MKRI 21/PUU-XII/2014 Decision, a person is appointed as a suspect, in addition to the existence of initial evidence, a preliminary examination must be carried out first on the prospective suspect. Thus, the validity of the determination of the suspect can be tested in the pre-trial process in the District Court," said Yaqut's lawyer, Mellisa Anggraeni in the trial.

In addition, according to Mellisa, the KK also did not carry out the correct procedure when notifying Yaqut of the determination of the suspect status.

"That the administration underlying the action has been clearly stated in the Pre-trial Application, namely the Notification of the Determination of the Suspect Number B-11/DIK.00/23/01/2026 a.n. Yaqut Cholil Qoumas, which was given by the Respondent to the Applicant without being accompanied by the Letter of Determination of the Suspect," said Mellisa.

In addition, Yaqut's legal team also said that the investigation process against his client should be based on the new KUHAP and KUHP.

"That the Sprindik issued before the entry into force of the KUHAP is still a general sprindik, namely still in the stage of finding evidence and has not been directed at a particular person as a suspect. Thus, at this stage, the investigation is still general and has not been specifically directed to," said Mellisa.

"That when the determination of the suspect against the Applicant was issued, the Respondent again issued a new Sprindik, which shows that the search for evidence to prove the alleged wrongdoing of the Applicant as a new suspect subject was carried out after the new KUHAP came into force. Therefore, the legal proceedings that should be used are no longer the old legal proceedings, but the new KUHAP, including all provisions regarding the procedures and conditions for determining suspects," he added.

Due to several reasons, the legal team considers the determination of the suspect status to Yaqut to be invalid.

"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.