JAKARTA - Oce Madril state law expert assessed that the designation of a suspect against former Minister of Religion Yaqut Cholil Qoumas by the KPK was legally flawed. Oce emphasized that the designation of Yaqut as a suspect was legally flawed because the appointment letter was signed by the head of the KPK.
This was conveyed by Oce in the pre-trial hearing of Yaqut which was held at the South Jakarta District Court (PN), Thursday, March 5. He was present as an expert submitted by legal counsel.
"This letter (the determination of the suspect Yaqut) is simple. If this letter is signed by the investigator, the matter of authority is over. But because this letter uses a model - this, my assumption is the old model, the old KPK Law, maybe like this. But it seems that if the administration does not change, if this is the case, then the KPK leadership cannot delegate because he does not have the authority. Well, if the model is like this, this is a material defect and a formal defect, yes, letters like this," said Oce.
He said that based on the new KPK Law, the KPK leadership no longer has the authority as an investigator.
"I think no, because earlier, if Article 21 of Law Number 19 of 2019, the new KPK Law, because the leadership no longer has attributive authority as investigators, then it has no authority. So what do you want to distribute like that? So there is nothing to distribute," he said.
As previously reported, Yaqut's legal team considered the KPK's decision to name his client a suspect in the corruption case for determining quotas and organizing the 2023-2024 hajj not valid. The Yaqut party also considered that the KPK 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 mentioned 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 Yaqut's lawyer, Mellisa Anggraeni in a hearing at the South Jakarta District Court, March 4.
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