REGULATION OF ELEMENTS HARMING THE STATE'S ECONOMYIN CORRUPTION CRIMINAL ACTS IN INDONESIA

Abstract

The impact of criminal acts of corruption not only the results in state financial losses, but it is also possible in losses to the state's economy. The separation between state financial losses and the state economy clearly shows that there is a different character between these two terms so that there is also a distinction between fulfilling the elements of state financial losses and state economic losses. Constitutional Court Decision No. 25/PUU-XIV/2016, has decided that the fulfillment of the elements of loss to state finances or the state economy must be determined with real and certainty (actual loss). The existence of real and definite requirements which also apply to the fulfillment of elements of the state's economy, needs to be studied further considering that at the level of law enforcement practice criminal acts of corruption committed in Indonesia are mostly carried out on fulfilling the elements of state financial losses. On this basis, research was conducted on "Regulation of Elements of the State's Economy Losess in Corruption Crimes in Indonesia", and then focused on analyzing: How the elements of loss to the state's economy are regulated in law enforcement for criminal acts of corruption in Indonesia? This research includes normative juridical research, with a statutory approach, case approach, historical approach, comparative approach, and conceptual approach, then carried out qualitative analysis, and presented descriptively in the form of articles. The results of the research show that the laws and regulations in force in Indonesia only provide strict regulations relating to State Finances, whereas regarding the State Economy there is no law regulates specifically to the State Economy or it is called the Law on the State Economy. Legal norms regarding the definition of State Economy are also not specifically regulated in the norms of the body of statutory regulations, but are found in the General Explanation of Law Number 31 of 1999 as amended by Law Number 20 of 2001. Placement of the meaning of State Economy in this General Explanation clearly does not have the same normative position as placement in the provisions of statutory regulation of an article. Under these conditions, it is necessary to reform the country's economic regulations specifically so that they can then be used as a legal basis for determining the elements of loss to the country's economy in criminal acts of corruption.