KPK Expert Emphasizes State Losses Must Already Exist Before Indicting Suspects

JAKARTA - Criminal law expert Erdianto said Articles 2 and 3 of the Corruption Crime Law (UU Tipikor) can be applied if there is a result of an audit of state financial losses. Erdianto emphasized that the state has the right to calculate state losses is the state institution of audit.

This was conveyed by Erdianto when he became an expert in the pretrial hearing of former Minister of Religion Yaqut Cholil Qoumas at the South Jakarta District Court, Friday, March 6. Erdianto is an expert who was presented by the KPK as the Respondent.

"The potential losses that arise can be considered as completed criminal acts as in Articles 2 and 3 of the old Tipikor Law. The potential alone is already a perfect criminal act. But then with the decision of the Constitutional Court (MK), it shifted to a material offense. There must first be state losses," he said in the trial.

The criminal law expert from the University of Riau also emphasized that the calculation of state losses would be invalid if it was not carried out by a state institution authorized to conduct an audit.

"Yes, if that is yes (it cannot be declared a state loss)," said Erdianto.

What Erdianto said was in line with the argument of Yaqut's pretrial application. Where, Yaqut's lawyer in the previous hearing also explained that based on the Supreme Court's decision Number 25 of 2016, the implementation of Articles 2 and 3 of the Corruption Law must be based on an audit of the calculation of state financial losses.

"However, after the MKRI Decision 25/PUU-XIV/2016, the interpretation has changed fundamentally. The Constitutional Court emphasized that the element of 'can cause financial loss to the state' must be interpreted as a real, certain, and concretely calculable loss, so that Article 2 and Article 3 of the Tipikor Law are now material delicts. So, the evidence possessed by the investigators must be directed at proving the existence of financial losses to the state," explained lawyer Yaqut, Mellisa Anggraeni in a trial at the South Jakarta District Court, Thursday, March 4.

In addition, during the hearing, the Yaqut party also emphasized that the state institution authorized to calculate state losses is the Financial Audit Agency (BPK).

"Furthermore, the state's financial losses are evidenced by the Investigative Audit Statement on state financial losses, which based on SEMA Number 2 of 2024 confirms that the authority to determine state losses constitutionally is only the Indonesian Republic's Financial Audit Agency (BPK)," said Mellisa.