KPK Expert at the Yaqut Hearing Says Menag Has Authority to Determine the Allocation of Hajj Quota

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

JAKARTA - State administrative law expert Emanuel Sujatmoko said Yaqut Cholil Qoumas as Minister of Religion has the authority to determine the allocation of the Hajj quota. Emanuel said this authority is a higher regulatory order, in this case the Law on the Implementation of Hajj and Umrah.

"That means this. If it is in the law, it will be added to the quota for Hajj, for example, yesterday it was 100, now it became 125, for example. Then this is regulated in the minister's regulation. Then the minister's regulation is interpreted as a regulation because it is ordered by a higher regulation if we refer to Article 8 of Law 12 (2011), "said Emanuel when he became an expert witness in the pretrial hearing of Yaqut at the South Jakarta District Court, Friday, March 6.

"Yes, I said it was the minister's authority to regulate. That's it," he added.

However, Emanuel emphasized that this authority must not conflict with other laws and regulations.

"How is the position? Of course the Minister's Decision, yes I use the term you use, the Minister's Decision must not be contrary to laws and regulations. Isn't that right? That's actually in the decision it has entered into the realm of discretion," he explained.

As is known, Yaqut as Minister of Religion issued the Decree of the Minister of Religion Number 130 of 2024 concerning the Additional Hajj Quota for the Year 1445 Hijriah/2024 Masehi. Where, the decision is considered an act against the law or abuse of authority by the KPK.

Emanuel's view was in line with the argument of the pre-trial application filed by Yaqut. In the pre-trial application, the Yaqut party explained that the authority to determine the hajj quota had been implemented through the Decree of the Minister of Religion (KMA) Number 130 of 2024.

According to Yaqut's legal team, the KMA is an administrative decision in the context of the implementation of the hajj.

That the use of KMA 130/2024 as the basis for proof does not meet the requirements of sufficient evidence to conclude that there has been an act against the law and/or abuse of authority. KMA 130/2024 is positioned as an administrative decision issued by the APPLICANT as the Minister of Religion in carrying out the duties of organizing the hajj pilgrimage based on Law Number 8 of 2019 concerning the Implementation of the Hajj and Umrah, including by considering the situation on the ground for the smooth and safety of the congregation, and based on the international agreement Ta'limatul Hajj which lists additional quota allocations for the Regular Zone 10,000 and the Special Zone 10,000," said Yaqut's lawyer in a hearing at the PN Jaksel, Tuesday, March 3.