Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum
Vol. 8 No. 1 (2026)

The Lack of Authority in Determining State Losses: A Legal Anomaly in Corruption Cases

Nur Fadhilah Mappaselleng (Unknown)
Zul Khaidir Kadir (Unknown)



Article Info

Publish Date
12 Feb 2026

Abstract

This study analyzes the legal problems of determining state losses in corruption cases in Indonesia, especially regarding the unclear institution that is legally authorized to determine it. This study was conducted using normative research with a statute approach. The results of the study indicate that there is no explicit norm that establishes the Audit Board of Indonesia (BPK) as the sole institution authorized to determine state losses in criminal cases. This opens up space for investigators and prosecutors to use internal estimates or audits from non-constitutional institutions, which raises the potential for excessive criminalization, inter-institutional conflict, and legal uncertainty. This study recommends harmonization of legislation that integrates BPK investigative audits as the main evidence in corruption criminal proceedings and encourages the reconstruction of inter-institutional procedures to ensure the principle of due process and legal justice.

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Journal Info

Abbrev

pranata

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The focus of Jurnal Widya Pranata Hukum is publishing the manuscript of a research study or conceptual ideas. We are interested in topics which relate Law issues in Indonesia and around the world, among them: 1. Criminal Law 2. Private Law 3. Constitutional Law 4. Administrative Law 5. International ...