Arimbi Fajari Furqon
Faculty of Law, Universitas Bengkulu

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State Financial Loss and Environmental Damage in Natural Resource Corruption: Reconstructing Liability, Valuation, and Recovery Achmad Cholidin; Zico Junius Fernando; Arimbi Fajari Furqon
Jurnal Dinamika Hukum Vol 26 No 3 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.3.21351

Abstract

Natural resource corruption in Indonesia exposes a structural weakness in the way criminal law understands loss. Conventional corruption doctrine has treated state financial loss mainly as a fiscal, accounting, or budgetary deficit, while environmental law treats ecological damage as harm to public environmental functions, ecosystem services, and intergenerational welfare. This article examines how state financial loss and environmental damage should be distinguished, connected, and reconstructed in corruption cases involving mining, forestry, plantation, and other extractive sectors. Using normative legal research with statutory, conceptual, case, and reform-oriented approaches, this article analyses Indonesian anti-corruption law, environmental law, the 2023 Criminal Code, Constitutional Court doctrine on actual loss, environmental loss valuation, and selected corruption cases involving ecological damage. The article argues that environmental damage should not be mechanically absorbed into state financial loss, because each concept has a different legal function. Nevertheless, in natural resource corruption, ecological damage can become legally relevant to corruption liability when it is proven as a consequence of unlawful allocation, abusive licensing, illegal enrichment, or the state’s future restoration burden. The article proposes a legal reconstruction based on functional integration rather than conceptual merger: environmental damage should not automatically be classified as state financial loss, but may become legally relevant to natural resource corruption through a structured sequence of liability, causality, ecological valuation, and recovery. By separating these stages, the proposed model preserves the principle of legality while enabling scientifically established ecological harm to inform criminal liability, monetary valuation, restoration, and asset recovery in a legally disciplined manner.