Analysis Environmental And State Losses In Corruption Offences

This research aims to discuss legal issues regarding the validity of environmental damage as an element of state loss in corruption crimes. The main objective of this research is to answer the legal issue of whether environmental damage can be categorized as an element of state loss in corruption crimes. The type of research used in this study is normative legal research, namely by examining legislation, legal doctrines, and legal principles related to the problems studied. The results show that environmental damage cannot be categorized as state losses as referred to in Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law because the aquo article must be proven by the existence of real state financial losses, not potential or estimated state financial losses. Now, law enforcement must be able to prove the value of real or actual losses to state finances or the state economy (actual loss), not only based on the value of losses that may occur (potential loss).

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Publication Details

Journal
JURNAL HUKUM SEHASEN
Published
2025-02-27
DOI
https://doi.org/10.37676/jhs.v11i1.7855
Primary Topic
Corruption and Economic Development
Type
article
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article

Analysis Environmental And State Losses In Corruption Offences

Mardian Putra Frans, Agustina Sari, Iddo Eldillon
JURNAL HUKUM SEHASEN
Corruption and Economic Development
article

Analysis Environmental And State Losses In Corruption Offences

Mardian Putra Frans, Agustina Sari, Iddo Eldillon
article en

Abstract

This research aims to discuss legal issues regarding the validity of environmental damage as an element of state loss in corruption crimes. The main objective of this research is to answer the legal issue of whether environmental damage can be categorized as an element of state loss in corruption crimes. The type of research used in this study is normative legal research, namely by examining legislation, legal doctrines, and legal principles related to the problems studied. The results show that environmental damage cannot be categorized as state losses as referred to in Article 2 paragraph (1) and Article 3 of the Anti-Corruption Law because the aquo article must be proven by the existence of real state financial losses, not potential or estimated state financial losses. Now, law enforcement must be able to prove the value of real or actual losses to state finances or the state economy (actual loss), not only based on the value of losses that may occur (potential loss).

JURNAL HUKUM SEHASENVol. 11(1)
Satya Wacana Christian University (ID)
Openalex Percentile: Top 89%
Corruption and Economic Development
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Analysis Environmental And State Losses In Corruption Offences — Mardian Putra Frans, Agustina Sari, et al. · JURNAL HUKUM SEHASEN (2025) | TGRS Research Map | TGRS