Dina Tri Kuswandari , Nanda Sahputra Umara

Pemenuhan Unsur Kerugian Keuangan Negara Sebagai Dasar Pembuktian pada Proses Penetapan Tersangka dalam Perkara Tindak Pidana Korupsi (Studi Putusan Praperadilan Nomor 113/Pid.Pra/2024/Jkt.Sel)

Introduction

Pemenuhan unsur kerugian keuangan negara sebagai dasar pembuktian pada proses penetapan tersangka dalam perkara tindak pidana korupsi (studi putusan praperadilan nomor 113/pid.pra/2024/jkt.sel). Telusuri pemenuhan unsur kerugian keuangan negara sebagai syarat mutlak penetapan tersangka korupsi. Berdasarkan Putusan MK No. 25/PUU-XIV/2016 dan Putusan Praperadilan No. 113/PID.PRA/2024/JKT.SEL.

Abstract

The enforcement of criminal law on corruption in Indonesia faces a complex dilemma between efforts to eradicate corruption and the protection of human rights, particularly in the process of determining suspects in cases involving financial losses to the state. Constitutional Court Decision No. 25/PUU-XIV/2016 has clarified that financial loss to the state under Articles 2 and 3 of the Corruption Criminal Law must be actual loss, not potential loss. This study analyzes the fulfillment of the criminal elements of Articles 2 and 3 of Law No. 31 of 1999 as a requirement for suspect designation and evaluates its application in Pre-Trial Ruling No. 113/PID.PRA/2024/JKT.SEL. Using a normative legal research method with a legislative and case-based approach, the study analyzes relevant regulations, court decisions, and legal doctrines. The results of the study indicate that the element of financial loss to the state is an absolute requirement in the designation of corruption suspects through the application of the relevance theory. Investigators must have evidence from an investigative audit by the State Audit Agency (BPK/BPKP) showing actual loss before designating a suspect. The study concludes that the designation of a corruption suspect must be supported by measurable evidence of state financial loss from the competent authority. The preliminary hearing decision was legally flawed because it did not apply the evidentiary standards in accordance with criminal procedural law and the material elements of the corruption offense.

Review

This paper critically examines a pivotal issue within Indonesia's anti-corruption legal framework: the conditions for designating a suspect in corruption cases, specifically focusing on the element of state financial loss. Addressing the complex dilemma between robust corruption eradication and the protection of human rights, the study highlights the significance of Constitutional Court Decision No. 25/PUU-XIV/2016, which mandates "actual" rather than "potential" state loss for Articles 2 and 3 of the Corruption Criminal Law. Through an analysis centered on Pre-Trial Ruling No. 113/Pid.Pra/2024/Jkt.Sel, the research seeks to clarify the evidentiary standards necessary for establishing state financial loss as a prerequisite for suspect status, thereby impacting the fairness and legality of initial investigative processes. Employing a normative legal research methodology, utilizing both legislative and case-based approaches, the study systematically analyzes relevant regulations, court decisions, and prevailing legal doctrines. A central finding is the assertion that the element of state financial loss constitutes an absolute requirement for the designation of a corruption suspect. The authors strongly argue, based on the relevance theory, that investigators must possess definitive evidence from an investigative audit conducted by a competent authority, such as BPK or BPKP, demonstrating actual financial loss *prior* to officially designating an individual as a suspect. Consequently, the research concludes that Pre-Trial Ruling No. 113/PID.PRA/2024/JKT.SEL was legally flawed, as it failed to adequately apply the established evidentiary standards in accordance with criminal procedural law and the material elements of the corruption offense. This study offers a significant contribution to the ongoing discourse on criminal justice reform and human rights protection in Indonesia's fight against corruption. By unequivocally emphasizing the need for measurable and demonstrable evidence of actual state financial loss *before* suspect designation, the paper provides crucial guidance for both law enforcement agencies and judicial bodies. Its findings reinforce the principle of legal certainty and due process, advocating for a stricter interpretation of evidentiary requirements at the initial stages of a criminal investigation. The critique of the specific pre-trial ruling underscores the practical implications of these legal principles, urging consistent application to ensure that anti-corruption efforts are conducted within the bounds of justice and legality, thereby enhancing public trust in the judicial system.

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