Expert at Yaqut Trial: Fee Return Does Not Erase State's Losses

JAKARTA, KOMPAS.com - Financial law expert Syakran Rudi stated that the return of funds does not negate the losses incurred by the state.

This statement was made by Syakran as he was presented as a witness by the KPK prosecutor during the trial regarding the alleged mismanagement of additional hajj quota for 2023–2024, with former Minister of Religious Affairs Yaqut Cholil Qoumas among the defendants.

“The return of funds certainly does not erase the fact of state financial losses that have occurred due to unlawful acts. This is the concept within the framework of financial law,” Syakran remarked in the Jakarta District Court for Corruption Crimes on Monday (26/10/2026).

Syakran explained that from the perspective of financial law, fees related to the execution of the state’s rights and obligations in organizing the hajj pilgrimage are indeed part of state finances.

He elaborated that the hajj funds sourced from the public are managed by the Hajj Financial Management Agency (BPKH).

Therefore, the funds related to the organization of the hajj must be managed through this agency.

According to Syakran, state losses can be proven if the funds which should be under BPKH’s management are, in fact, not present there.

“Thus, if it is proven that those funds do not exist within BPKH, then that situation implies a confirmed loss to the state,” he stated.

Hajj Quota Corruption

In this case, the KPK has charged four individuals in connection with the alleged corruption in managing the additional hajj quota for 2023–2024.

They include former Minister of Religious Affairs Yaqut Cholil Qoumas, former Special Staff of the Minister of Religious Affairs Isfah Abidal Aziz alias Gus Alex, Operational Director of PT Makassar Toraja (Maktour) Ismail Adham, and Chairman of Kesthuri as well as Commissioner of PT Raudhah Eksati Utama, Asrul Azis Taba.

The KPK alleges that the management of the additional hajj quota has resulted in state losses amounting to at least IDR 622.09 billion.

This loss figure is based on the Investigative Audit Report by the Audit Board of Indonesia (BPK) concerning the calculations of state losses in the Hajj organization of Indonesia for 2023–2024 at the Ministry of Religious Affairs.

The stated losses consist of three components: a deficit between income and expenditures of the Special Hajj Organizing Institution (PIHK) in 2024 amounting to IDR 438.2 billion.

Additionally, receipts from PIHK from the sale of special hajj quotas in 2024 accounted for IDR 39.95 billion, plus fees from the accelerated filling of additional special hajj quotas for 2023 and 2024 amounting to IDR 143.92 billion.

For their actions, the defendants have been charged under Article 3 juncto Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption, as amended by Law Number 20 of 2001, juncto Article 20 letter c of Law Number 1 of 2023 concerning the Criminal Code.