Expert Stresses that the KPK Must Provide a Letter of Determination of the Suspect to Yaqut

Continuation of the pre-trial hearing of former Minister of Religion Yaqut Cholil Qoumas

JAKARTA - Oce Madril, a constitutional law expert, emphasized that the KPK must submit a letter of determination of a suspect to the party suspected of being a suspect. Oce explained that the obligation to submit a letter of determination of a suspect is regulated in Article 90 of the new KUHAP.

This was conveyed by Oce when he was presented as an expert in the pre-trial hearing of former Minister of Religion Yaqut Cholil Qoumas, at the South Jakarta District Court (PN) on Thursday, March 5. Oce answered questions from the KPK prosecutor as the respondent regarding the phrase 'notified' in the new Article 90 of the Criminal Procedure Code.

"Yes, I think there is no problem with 'being informed' or 'being conveyed', it means the same thing. The point is, the owner of the document conveys it to the prosecutor, the point is like that," said Oce.

"For what? So that people know. Don't keep the documents. Tell people, he has legal implications, right. It is reported or conveyed. Why is that? I have explained," he added.

According to Oce, the letter of determination of a suspect is similar to a copy of a decision on a case. He reiterated that the letter of determination of a suspect must be given to the party suspected.

"(A copy of the decision) It's the same as this, the letter of determination of the suspect. Is it the same as 'eh, you are a suspect'? Where's the letter? That's right," said Oce.

"Well, if (Article) 90 paragraph 2, which was sent, which must exist is a letter of determination of the suspect. It's clear," he concluded.

As previously reported, the legal team of former Menag Yaqut Cholil Qoumas assessed that the KPK did not comply with the rules for determining suspects as stipulated in the new KUHAP. In the new KUHAP, it is stipulated that the letter of determination of the suspect must be received by the parties concerned no later than 1 day after it is issued.

In the case of Yaqut, the legal representative admitted that he had not received a letter from the KPK to determine his client's suspect until the end of February. Therefore, according to them, the determination of the suspect against Yaqut is not valid.

"That from the Letter of Notification of Determination of Suspects submitted by the Respondent on Friday, January 9, 2026, the Determination of the Suspect against the Applicant has been carried out on January 8, 2026. However, until the date of this Pre-trial Application, the Applicant has not received the Letter of Determination of the Suspect as required by the provisions of Article 90 paragraph (2) of the Criminal Procedure Code," said the head of the lawyer team, Yaqut, Mellisa Anggraeni in a trial at the South Jakarta District Court, Wednesday, March 4.