Law Enforcement of Corruption Cases with Small-Scale State Financial Losses

DOI

10.2991/978-2-38476-519-5_29How to use a DOI?

Keywords

Corruption; Losses; Finance; State; Small

Abstract

In practice, the handling of corruption cases that result in small-scale state financial losses is handled less often or never handled compared to corruption cases that result in small-scale state financial losses, even though the Corruption Law, namely Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption which has been amended by Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in Article 2 and Article 3 does not provide limitations or assessments of the scale or intensity of state financial losses so that every act that causes state financial losses, no matter how small the nominal value, is still considered to fulfill the elements of a crime, and automatically falls into the framework of an extra ordinary crime, even though state losses with a relatively small value do not necessarily cause systemic impacts or extraordinary damage to the social or economic structure of society. If this continues to be allowed, it has the potential to cause inequality in law enforcement, because between acts and extraordinary criminal threats are no longer in fair proportion, do not guarantee certainty and equality before the law. Efforts to eradicate corruption that results in small-scale state financial losses by non-penal means through treasury claims or compensation are considered ineffective because they do not have coercive power. For this reason, there needs to be a legal instrument related to handling corruption cases that result in small-scale state financial losses, namely that when it has been known that the state financial losses are of small value, confiscation of property with a value equal to the amount of state losses that occurred is carried out for the benefit of recovering the state financial losses that occurred.

Copyright

© 2025 The Author(s)

Open Access

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TY  - CONF
AU  - Jermias Penna
AU  - Supanto Supanto
AU  - Diana Tantri Cahyaningsih
PY  - 2025
DA  - 2025/12/29
TI  - Law Enforcement of Corruption Cases with Small-Scale State Financial Losses
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 354
EP  - 365
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_29
DO  - 10.2991/978-2-38476-519-5_29
ID  - Penna2025
ER  -