Experts say that the calculation of losses in corruption cases cannot be based on the total loss
REPUBLIKA.CO.ID, JAKARTA — State Administrative Law expert, Dian Puji Nugraha Simatupang, said that the calculation state losses can’t with total loss alone. He argues that state losses must be calculated in a real and definite way.
“What Judge Mulyono said was very accurate in theory and also in terms of the concept of regulating state losses,” said Dian Puji Nugraha Simatupang in a statement, Saturday (8/1).
Dian responded dissenting opinion member of the Panel of Judges at the Central Jakarta Corruption Court, Mulyono Dwi Purwanto in the Asabri case. According to him, the total loss method for calculating state financial losses carried out by the BPK in the Asabri case was inaccurate.
According to him, the total loss is no longer known since there is Article 39 PP Number 38 of 2016 on Procedures for Claiming State/Regional Compensation against Civil Servants Not Treasurers or Other Officials. He said, Article 39 of the PP is said to determine the value of the shortfall from the settlement of state/regional losses is done based on the book value or fair value of similar goods.
“In the event that both book value and fair value can be determined, then the value of the goods used is the highest value between the two values,” he said.
Dian said that in identifying whether or not there were state losses in the Asabri case, the BPK should also refer to the Minister of Finance Regulation Number 248 of 2016 which regulates the management of TNI-Polri guarantees. He continued, there is a higher rule that confirms that the calculation of state financial losses must be based on real and definite losses.
This, he continued, is Law Number 1 of 2004 concerning the State Treasury and the Constitutional Court’s Decision regarding the phrase “…can harm state finances” in Articles 2 and 3 of the Anti-Corruption Law which are declared no longer valid. He continued, especially with PP 38/2016 can’t be counted in total loss because according to Law 1/2004 and the Constitutional Court’s decision, state losses must be real and definite.
He also assessed that the total value of the calculation of state financial losses in the Asabri case was more than what was charged. According to him, it should have been calculated from the actions taken by the defendant which resulted in a total loss of several rupiahs.
He said that the defendant was held accountable in accordance with the state’s financial losses resulting from his actions. It’s not that if you add up how many, in total it turns out that more were charged, so it’s confusing.
Furthermore, according to him, the meaning of Judge Mulyono’s dissenting opinion in the Asabri case is a strong basis for the parties to file an appeal or cassation against the court’s decision. He said the other was that the BPK, investigators or anyone in charge of calculating state losses had to strictly follow and comply with statutory regulations.
“If you don’t follow the regulations, what can you do with law enforcement because the concept of law enforcement must be based on the law,” he said.