Febri Diansyah Says the Transfer of the Status of Detention by the KPK is Legally Valid

Former Minister of Religion Yaqut Cholil Qoumas was detained by the KPK/DOK ANTARA

JAKARTA - Legal observer and lawyer, Febri Diansyah, assessed that the transfer of the status of former Minister of Religion (Menag) Yaqut Cholil Qoumas by the Corruption Eradication Commission (KPK) was legally valid. The basis of the law has been regulated in Article 108 paragraph (11) of the new Criminal Procedure Code.

"As long as there is no transactional behind the action of transferring detention, it is a legally valid action," Febri said in his statement, Monday, March 23.

Febri explained that the transfer of prisoner status such as Yaqut was also not a new item.

"This action has actually been known since the old KUHAP in 1981 and also the new KUHAP 2025. There are three types of detention, ranging from detention in the detention center, city detention, and home detention," said the former KPK Spokesperson.

Even so, Febri admitted that the change in the status of the prisoner against Yaqut was in the spotlight because the KPK had never done it since its establishment. However, for him, there was nothing wrong with the policy.

"If at this time the KPK has a different legal policy, I think it is valid as long as there is sufficient explanation, it does not seem closed, and it applies to everyone or is not a privilege for certain people only," he said.

In addition, Febri also highlighted the shift in paradigm in the system of imprisonment after the new Criminal Code and Criminal Procedure Code came into force in early 2026. He said that the legal approach now emphasizes the rehabilitative and restorative aspects, not merely retributive or retaliation.

However, he questioned whether the policy of transferring detentions carried out by the KPK was based on this paradigm shift.

"We don't know because so far there has been no official explanation mentioning the consideration. We are waiting for an official explanation from the KPK," he said.

Febri encouraged the KPK to open a public discussion space to accommodate various views regarding the transfer of Yaqut's status as a prisoner. According to him, differences of opinion in a democratic country are normal.

"No one can claim to be the most correct," he said.

He also reminded the importance of caution for law enforcement officers in carrying out forced efforts, including detention. This refers to the provisions of Article 100 paragraph (5) of the Criminal Procedure Code which requires concrete indications such as the potential to damage evidence or flee.

Febri emphasized that pre-trial detention must be carried out selectively and with great caution. Because the impact on a person's human rights is very large.

"No one wants to be imprisoned, especially for a deed that was not committed," he said.

He added that although there is a mechanism for rehabilitation and compensation for unlawful detention, it is not necessarily able to recover the suffering caused by the loss of freedom and separation from family.

In the midst of the strong spirit of eradicating corruption, Febri invited the public to continue to see this issue clearly from a legal perspective.

"Although this opinion may not be popular, it is important for us to uphold the principle of presumption of innocence," he concluded.