Regulating the Element of Harming the State Economy in Corruption Offenses in Indonesia

Abstract

The separation between state financial losses and the state economy shows that there is a different character between the two terms so that there are also differences in the fulfillment of the elements of state financial losses and state economic losses. The Constitutional Court Decision No. 25/PUU-XIV/2016, has decided that the fulfillment of the elements of state financial losses or the state economy must be determined with real and certain (actual loss). The existence of real and certain requirements that are also applied to the fulfillment of the elements of the state economy, needs to be studied further considering that at the level of law enforcement practices of corruption crimes committed in Indonesia, more is done on the fulfillment of the elements of state financial losses. On this basis, a research was conducted on the "Arrangement of the Element of Harm to the State Economy in the Offense of Corruption in Indonesia", to then focus on analyzing how the arrangement of the element of loss to the state economy in law enforcement of corruption in Indonesia? This research includes normative juridical research, with a statutory approach, case approach, historical approach, and conceptual approach, to then be analyzed qualitatively, and presented descriptively in the form of an article. The results of the study indicate that the legislation in force in Indonesia only provides strict arrangements relating to State Finance, while there is no law specifically regulating the State Economy or called the Law on the State Economy. The legal norm of the definition of the State Economy is also not specifically regulated in the norms of the body of legislation, but is found in the General Elucidation of Law Number 31 of 1999 as amended by Law Number 20 of 2001. The placement of the definition of the State Economy in the General Elucidation clearly does not have the same normative position as the placement in the Article provisions of a statutory regulation. With this condition, it is necessary to reform the regulation of the state economy specifically so that it can then be used as a legal basis in determining the elements of losses to the state economy in corruption crimes.