The Concept of State Economic Loss in Corruption Crime Cases

DOI

10.2991/978-2-38476-315-3_49How to use a DOI?

Keywords

Corruption Crime; Judge’s Decision; State Economic Loss

Abstract

The categorization of corruption as an exceptional offense has significantly influenced legal proceedings in Indonesia. When prosecuting corruption cases, the focus is often on proving the financial damage to the state as outlined in Article 2(1) or Article 3 of Law No. 20 of 2001 on the Eradication of Corruption. This is particularly important in cases where the losses exceed 1 trillion rupiahs, and auditors are involved to help verify the extent of the losses. Recent instances have shown significant financial and economic losses incurred by the state. For instance, in the case of Drs. Irianto, the economic loss amounted to Rp1.646 trillion (Supreme et al. No. 4952 K/Pid.Sus/2021). Additionally, an illegal mining case involving PT—Timah revealed environmental damages totaling Rp271 trillion. The main legal obstacle arises from the inadequate enforcement of legal regulations pertaining to damage to the nation’s economy as outlined in two Articles of the Anti-Corruption Law. Law enforcement officials are hesitant because these norms have an unclear formulation and encompass a wide range of concepts. The papers discuss the challenges related to defining state economic loss and using it in corruption trials. By employing a normative juridical approach, it was determined that in both verdicts, the inclusion of evidence pertaining to the state economy was accomplished by innovative and forward-thinking advancements. The acknowledgement of corruption as an exceptional offense requires increased efforts in prosecuting it, allowing for the establishment of the economic aspects of the state in cases involving substantial financial losses. Hence, the judge’s deliberations, which include the inclusion of unlawful environmental exploitation as a manifestation of corruption, emphasize the need for legal revisions and the setting of unambiguous limits in laws.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Aji Rahmadi
AU  - Lego Karjoko
AU  - Hartiwiningsih Hartiwiningsih
PY  - 2024
DA  - 2024/12/24
TI  - The Concept of State Economic Loss in Corruption Crime Cases
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 361
EP  - 368
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_49
DO  - 10.2991/978-2-38476-315-3_49
ID  - Rahmadi2024
ER  -