Issue |
BIO Web Conf.
Volume 134, 2024
Maritime Continent Fulcrum International Conference (MaCiFIC 2024)
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Article Number | 04005 | |
Number of page(s) | 12 | |
Section | Archipelagic Governance | |
DOI | https://doi.org/10.1051/bioconf/202413404005 | |
Published online | 28 October 2024 |
Legal Implications of Corruption Cases Without Initial State Losses in Audit but Found During Investigation Case Of Issuing Ship Permits
1 Doctoral Student of Andalas University
2 Professor of Law, Faculty of Law, University of Andalas
3 Lecturer of Law, Faculty of Law, University of Andalas
* Corresponding author: mhdfatria636@gmail.com
The calculation of state financial losses is crucial in proving corruption cases. Besides serving as evidence in corruption cases, state financial losses are also one of the elements that must be proven in a corruption case. The calculation of state financial losses forms the basis for the public prosecutor’s indictment to determine the extent of the state’s financial losses caused by the defendant’s actions in a corruption case. Likewise, the judge must determine the amount of state losses the defendant must repay. The institution authorized to calculate state financial losses related to corruption cases is implicitly stated in the explanation of Article 32 paragraph (1) of the Law on the Eradication of Corruption, which stipulates that actual state financial losses are those that can be calculated based on findings from competent institutions or appointed public accountants, namely BPK (State Audit Board). However, based on Article 30 of Law No. 16 of 2004, one of the duties and authorities of the public prosecutor is to gather data and collect evidence. In certain cases, the public prosecutor can easily calculate the amount of state losses, enabling the prosecutor to calculate and determine the state financial losses independently.
© The Authors, published by EDP Sciences, 2024
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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