Bid TIK Polda Kepri/”>Bid TIK Polda Kepri – Jakarta. The Supreme Court has clarified that state losses in corruption cases must be proven as actual damages, not merely potential.
“State losses must be actual, as stipulated by Constitutional Court Decision Number 25 of 2016 and confirmed by the BPK,” said Supreme Court spokesperson Yanto during a press briefing at the Supreme Court Building in Jakarta on Thursday (2/1/2025), referring to the Supreme Audit Agency .
He explained that judges refer to Articles 2 and 3 of Law Number 20 of 2001 on Corruption Eradication, in line with the 2016 Constitutional Court ruling. This decision highlighted that applying the concept of “actual loss” ensures legal certainty and aligns with both national and international legal frameworks, according to antaranews.com.
When asked about the potential state losses due to environmental damage in the case involving entrepreneur Harvey Moeis, who was recently convicted in a graft case, Yanto declined to discuss specifics.
However, he emphasized that, in principle, corruption cases require actual losses to be proven.
“Environmental damage is generally assessed as a potential loss. In corruption cases, however, losses must be actual and clearly demonstrated,” Yanto reiterated, citing the 2016 ruling and BPK’s evaluations.
