Expert Soroti Mepetnya Penerbitan Sprindik-Tersangka Yaqut in the Hajj Quota Case

The pre-trial hearing of the former Minister of Religion Yaqut Cholil Qoumas/DOK ANTARA

JAKARTA - Criminal law expert Mudzakkir highlighted the time for issuing a preliminary investigation order (sprindik) and determining the suspects against the former Minister of Religion Yaqut Cholil Qoumas. Mudzakkir emphasized that the issuance of a preliminary investigation order and the determination of suspects should not be carried out simultaneously.

This was conveyed by Mudzakkir when he was an expert witness in the pretrial hearing of Yaqut at the South Jakarta District Court (PN), Thursday, March 5. Mudzakkir initially explained about 2 types of sprindik, namely general and special sprindik.

He explained that the general sprindik was issued to prove that there was indeed a suspicion of his speech. In the general sprindik, he said, the name of the suspected perpetrator was not listed.

"There are two types of sprindik, general sprindik, special sprindik. Well, the question is, how many or what number was issued? The newly issued sprindik that just entered as a special sprindik, is it not? If it is not a special sprindik, then, it means that someone cannot be a suspect. Because the sprindik is still general, there is no specific subject," said Mudzakkir in the trial.

In Yaqut's pretrial hearing at the South Jakarta District Court, Wednesday, March 4, it was revealed that the KPK issued a sprindik to trap Yaqut on January 8, 2026. A day later, the KPK issued a notice of the establishment of a suspect against Yaqut.

Mudzakkir explained that a special sprindik is the basis for investigators to examine the suspected perpetrators. After the suspected perpetrators are examined, the determination of the suspect can be carried out.

"Special Sprindik, means there must be a name, and this name is then processed. If it is proven that the action can be proven by two pieces of evidence, then it will be shifted to be examined as a candidate suspect," he explained.

Mudzakkir was also surprised why in the case of Yaqut the determination of the suspect was actually carried out a day after the issuance of the sprindik.

"Lha baru dimulai tindakan penyidikan, kok tiba-tiba bersamaan tersangka? Dasar penetapan tersangkanya apa?" ucap Mudzakkir.

"That's not allowed. So the determination of suspects should not be the same as the sprindik or SPDP. This is a practice that we have found many of them are either not justified, it's not allowed," he added.