Corruption Eradication Commission (KPK) Considering "Obstruction of Investigation" Article After Disposal of Evidence in Alleged Hajj Quota Corruption Case

KPK Spokesperson Budi Prasetyo (Tsa Tsia/VOI)

JAKARTA - The Corruption Eradication Commission (KPK) has the potential to apply Article 21 of the Corruption Eradication Law, or obstruction of justice, in the corruption case involving the Hajj quota and Hajj administration by the Ministry of Religious Affairs (Kemenag) for 2023-2024. A review is underway because investigators have found indications of attempted destruction of evidence.

KPK spokesperson Budi Prasetyo stated that investigators discovered these indications during a search of an office in Jakarta on Thursday, August 14th.

"Investigators found initial indications of alleged destruction of evidence," Budi said in a written statement on Friday, August 16th.

"Based on this action, the KPK then conducted an evaluation, and of course, investigators will not hesitate to consider imposing Article 21, obstruction of justice," he continued.

Those who could be charged with this article are those who attempt to destroy evidence. Budi stated that this method disrupts the investigation process.

Over the past week, the anti-corruption commission has searched several locations, including the Ministry of Religious Affairs (Kemenag) office.

The homes of the relevant parties were also searched some time ago. "In this series of searches, in addition to confiscating a four-wheeled vehicle, several property assets, as well as documents and electronic evidence, which will provide clues to shed light on this case," Budi explained.

As previously reported, the Corruption Eradication Commission (KPK) has issued a general investigation warrant (sprindik) for alleged corruption in the Hajj quota increase and management. The agency argued that this warrant was issued to allow for coercive action.

"With this general sprindik, we have more freedom to gather evidence and information to shed light on the case we are handling," said Acting Deputy for Enforcement and Execution, Asep Guntur Rahayu, during a press conference at the KPK's Merah Putih building in Kuningan Persada, South Jakarta, early Saturday morning, August 9th.

The general investigation warrant applies Article 2 Paragraph 1 and/or Article 3 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, as amended by Law Number 20 of 2021 in conjunction with Article 55 Paragraph 1, point 1 of the Criminal Code. This means that state losses have occurred as a result of this corrupt practice.

The state losses in the corruption case involving the 2023-2024 Hajj quota and administration are said to have reached over IDR 1 trillion and could increase. This figure arose because the Saudi Arabian government improperly allocated an additional 20,000 Hajj quota, 50 percent for regular Hajj pilgrims and 50 percent for special Hajj pilgrims.

According to the law, the quota should be divided 92 percent for regular Hajj pilgrims and 8 percent for special Hajj pilgrims.