Former Deputy Chair of the Corruption Eradication Commission (KPK),\nAlexander Marwata, says the body that determines state losses in\ncorruption offences is the panel of judges. He argued that not only the\nBadan Pemeriksa Keuangan (BPK) has the power to determine losses in\ncorruption cases.<\/p>\n
The remarks came during a public hearing at the House of\nRepresentatives\u2019 Legislation Body (Baleg) complex in Senayan, Jakarta,\non Tuesday, 19 May 2026. Marwata said anyone could be authorised to\ncalculate state losses, provided they possess expertise and competence\nin the field.<\/p>\n
\u2018When asked who is authorised to calculate the state losses, I always\nanswer like this: Anyone can do it as long as they have the expertise\nand competence in their area,\u2019 Marwata said.<\/p>\n
He noted that in corruption cases one of the elements must be proven\nat trial. Therefore, ultimately, it is the judge\u2019s verdict that\ndetermines and sets the amount of state losses.<\/p>\n
\u2018In the end, it is the panel of judges who determine the amount of\nstate losses in a corruption case, and who must restore the losses is\nspecified in the panel\u2019s decision,\u2019 he added.<\/p>\n
Marwata recounted that when he was a judge he rejected calculations\nof state losses by BPK and BPKP, arguing that based on trial facts there\nwas no state loss; also, he believed judges have the authority to reduce\nor increase the loss amount.<\/p>\n
Determining reductions or increases must align with trial facts, and\nthere is also a need to raise judges\u2019 understanding so they can\naccurately determine state losses.<\/p>\n
\u2018So from these points, I think it\u2019s not the sole domain of BPK to\ndetermine damages or state losses. In corruption cases, it is clear that\nultimately the panel of judges determines the amount of state losses and\nwho must repay them, as stated in the panel\u2019s decision,\u2019 he said.<\/p>\n
In practice, Marwata said BPK would be overwhelmed counting every\nstate loss in corruption cases, as only that agency has the authority.\nTherefore he urged the development of a standard for calculating state\nlosses, but the final determination would be made by judges in the\ntrial.<\/p>\n
\u2018Perhaps it would be better for BPK, BPKP, or with public involvement\nand others, to draft a standard or guideline for calculating state\nlosses. This way, academics or others with competence who wish to\ncalculate can use that standard, and the figure would be tested in\ncourt. The conclusion, the decision, the judge returns to that,\u2019 he\nadded.<\/p>\n
Previously, the Attorney General\u2019s Office (Kejagung) issued a\ncircular regarding which bodies can perform calculations of state losses\nin response to the Supreme Court\u2019s decision. The circular states that\nthe calculation of state losses can be performed by bodies other than\nBPK.<\/p>\n
The circular letter, numbered B-1391\/F\/Fjp 04\/2026, was signed by\nJampidsus Febrie Adriansyah in the name of the Attorney General and\naddressed to the Heads of High Prosecutor\u2019s Offices across Indonesia.\nThe circular was prepared to respond to Supreme Court Decision\nNo.\u00a028\/PUU XXIV\/2026, which states that \u2018state financial auditing\nbodies\u2019 under Article 603 of the Indonesian Penal Code is BPK.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/alexander-marwata-the-judge-who-sets-state-losses-in-corruption-cases-1779546322", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }