Reconstructing the Meaning of State Losses in Corruption Crimes: A Progressive Legal Perspective

Abstract

Corruption has a wide impact on state finances and social order. This study discusses 1) the development of the concept of state losses in corruption cases in Indonesia and 2) its implications for law enforcement and justice. Methodology: The research method used is normative juridical with an analysis of laws and regulations, court decisions, and legal doctrine. The results of the study indicate that 1) the concept of state losses in corruption cases has undergone significant changes. Initially, state losses were defined rigidly in Articles 2 and 3 of the Corruption Law as direct financial losses. However, Constitutional Court Decision No. 25/PUU-XIV/2016 emphasized that state losses must be real, while the Attorney General's Office began to consider environmental impacts as part of state losses. 2) Decision No. 2633 K/Pid.Sus/2018 recognizes environmental damage as a form of state loss, in line with the principle of progressive justice. Therefore, an integrated audit is needed that includes financial, environmental, and social aspects in investigating corruption cases, especially in the natural resources sector. Amendments to the Corruption Law must also include an explicit definition of state losses that includes environmental damage, in order to strengthen a more comprehensive legal framework. The research purpose is to reconstruct the meaning of state losses in corruption crimes from the perspective of progressive law. The scientific contribution from this research is that it provides the latest information on the reconstruction of the meaning of state losses in corruption crimes from the perspective of progressive law.