ANALISIS PEMBUKTIAN PERGESERAN KERUGIAN KEUANGAN NEGARA MENJADI KERUGIAN PEREKONOMIAN NEGARA DALAM PERKARA TINDAK PIDANA KORUPS

Abstract

The Constitutional Court granted the judicial review of the Corruption Law in decision Number 25/PUUXIV/2016, in the decision there is a difference between state financial losses and state economic losses in Article 2 and Article 3 of Law Number 20 of 2001 concerning Corruption. The problems in this study are 1) How is the difference between state financial losses and state economic losses in a corruption case? 2) How is the judge's consideration in proving state economic losses in a corruption case? The study uses a normative legal approach to legal principles and court decisions with secondary data sources consisting of primary, secondary, and tertiary legal materials with a qualitatively analyzed document study data collection technique. The results of this study are 1) state financial losses are regulated in the Corruption Law, State Economic Losses are regulated in the Technical Instructions of the Deputy Attorney General for Special Crimes Number 1 of 2021 concerning the Application of Elements of Detriment to the State Economy in Corruption Cases, state losses after the issuance of the Constitutional Court Decision Number 25 / PUU-XIV / 2016 state losses have the potential to cause losses to change into real state losses so that losses are not only in state finances but also the state economy which has an impact on state growth. 2) The Judge's considerations in the Decision on state economic losses are in accordance with the elements of the applicable regulatory offense.