Determination Authority of State Financial Loss in Criminal Acts of Corruption Post Constitutional Court Decision Number 25/Puu-Xiv/2016

Jefri Hardi

doi:10.47191/ijsshr/v5-i1-13

Abstract

The Constitutional Court (MK) issued Decision Number 25/PUU-XIV/2016 on January 25, 2017. This decision states clearly that the word "can" in Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 jo. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption (UU Tipikor) is unconstitutional and lacks legal force. With the elimination of the word "can," a person can only be said to have violated Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law if the person's actions resulted in real state losses, or losses of the nature of actual loss, and not to accommodate state losses that are still potential, or potential losses.

Highlights

The Constitutional Court (MK) issued Decision Number 25/PUU-XIV/2016 on January 25, 2017
The first alteration happened on July 24, 2006, when the Constitutional Court declared in its ruling Number 003/PUU-IV/2006 that the Elucidation of Article 22 Paragraph (1) of the Corruption Crime Act was contrary to the constitution, resulting in it becoming a legal norm
The corruption offense has been transformed from a formal offense to a material offense with a consequence, namely that the element of state financial loss must be calculated in a real/certain manner. This means that the enforcement of the offenses in Article 2 paragraph (1) and Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts Corruption has shifted its meaning since the a quo decision because it has been declared invalid and contrary to the 1945 Constitution

Summary

Introduction

The Constitutional Court (MK) issued Decision Number 25/PUU-XIV/2016 on January 25, 2017. What implications does the abolition of the word "can" from Article 2 paragraph (1) and Article 3 of Law Number 31 of 1999, as amended by Law Number 20 of 2001, have on the law enforcement process for the criminal act of corruption, as stated in the Constitutional Court Decision Number 25/ PUU-XIV/2016 dated January 25, 2016?

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Conclusion