Tarumanagara Law Review
Vol. 8 No. II (2026): Talrev-Untar

Human Rights Violation as a Factor of Asymmetry in Determining State Financial or State Economic Losses in Handling Indonesian Corruption Cases

Muhammad Syafiq Wafi (Pala Pakarti Law Firm)



Article Info

Publish Date
12 Oct 2026

Abstract

This study examines the use of corruption-crime regulations framed as state financial and economic losses, which are often considered irrelevant and may violate human rights principles. This has implications for adjudicating corruption cases when the amount of state financial or economic loss is not proportionate to the perpetrator's actions; in such cases, the state may be seen as violating human rights principles against the perpetrator. This study uses normative legal research because it examines human rights principles in court decisions on corruption cases involving state financial or economic losses. The approaches used are conceptual, philosophical, case-based, and statutory. The legal research materials were collected through literature reviews from books, journals, and other related research, and analyzed descriptively and qualitatively. The findings indicate that using regulations on corruption crimes in the form of state financial and economic losses is often considered irrelevant and therefore violates human rights principles, namely lex certa, lex stricta, proportionality, and fair trial. Therefore, this has implications for state financial or economic losses, which rely on qualitative calculations and do not reflect real and definite losses, given that determining a very large nominal amount is certainly misleading in law enforcement activities in Indonesia.

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Journal Info

Abbrev

tlr

Publisher

Subject

Description

Tarumanagara Law Review (TaLrev) is a peer-reviewed academic journal published by the Faculty of Law, Universitas Tarumanagara, Indonesia. The journal provides a platform for academics, researchers, legal practitioners, and students to publish original research articles and review articles ...