Tin Case, Ecology Considered Unable to Calculate State Losses

JAKARTA - The Attorney General's Office (Kejagung) is considered to have failed to prove state losses in the alleged corruption case of tin commodity trade management in the mining business permit (IUP) area of PT Timah Tbk.

So far, the amount of state losses in the series of cases has reached IDR 300 trillion.

"The prosecutor is firm with his assumption, but unfortunately this assumption is not supported by evidence that justifies the value of state losses of that amount," said Criminal Law Expert from the University of Mataram, Ufran Trisa, Monday, January 6.

In addition, Ufran highlighted the calculation of state losses in this case which was based on ecological losses, referring to the Study Results Report (LHK) Number VII of 2014.

According to him, currently there is no strong argument to state that ecological losses are included as state financial losses.

"Ecological losses are more like environmental pollution or damage, which cannot be directly attributed to corruption," he said.

Moreover, calculating state losses should be the authority of the Supreme Audit Agency (BPK) as mandated by the constitution.

Although, after the Constitutional Court (MK) Decision Number 31 of 2012, this authority was decentralized to various institutions, including the Financial and Development Supervisory Agency (BPKP).

"It's just that often the results of the BPK audit, which was formed based on the constitution, are actually set aside by the BPKP audit, which was only formed based on the Presidential Regulation. This is very strange constitutionally," said Ufran.

Currently, the Attorney General's Office has named 5 corporations that are suspected of contributing to state losses.