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Expert in Hajj Quota Trial Explains Leadership Responsibilities Over Special Staff

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Administrative Law Expert Richo Andi Wibowo attending the session of the presidential hero title lawsuit for Suharto at the East Jakarta State Administrative Court on Monday (12/10/2026).(KOMPAS.com/Muhammad Wildan Alghofari)

JAKARTA, KOMPAS.com – Richo Andi Wibowo, an Expert in Administrative Law from Gadjah Mada University (UGM), clarified that the assignment of special staff outside of official decree (SK) falls within the scope of a mandate.

Under mandate procedures, the administrative responsibility generally lies with the official granting the mandate.

"In a mandate, if there is a mistake, the one responsible is the giver of the mandate, not the recipient," Richo stated while providing testimony as an expert in the trial regarding allegations of corruption related to additional hajj quotas for 2023-2024 at the Anti-Corruption Court (Tipikor) on Wednesday (21/10/2026).

This case involves former Minister of Religious Affairs Yaqut Cholil Qoumas and his special staff member, Gus Alex.

Richo explained that in Administrative Law, there are three sources of authority: attribution, delegation, and mandate.

"The first is called attribution, the second is delegation, and the third is mandate," Richo further elaborated during the trial.

He described attribution as authority granted based on legislation.

Delegation refers to the transfer of authority based on applicable legal provisions.

Meanwhile, a mandate is an assignment to someone to exercise authority on behalf of the giver of the mandate.

Prosecutors then confirmed who would be held accountable if issues arise in carrying out these additional tasks.

Richo emphasized that in a mandate mechanism, responsibility essentially resides with the official granting the mandate.

"In principle, responsibility lies with the giver of the mandate," he said.

However, Richo reminded that administrative accountability differs from criminal liability.

Therefore, determining responsibility in a case must take into account the context and applicable legal provisions.

Richo also explained the differences between special staff and expert staff. According to him, expert staff usually come from within the bureaucracy and have extensive experience and knowledge.