Alexander Marwata: The Judge Who Sets State Losses in Corruption Cases
Former Deputy Chair of the Corruption Eradication Commission (KPK), Alexander Marwata, says the body that determines state losses in corruption offences is the panel of judges. He argued that not only the Badan Pemeriksa Keuangan (BPK) has the power to determine losses in corruption cases.
The remarks came during a public hearing at the House of Representatives’ Legislation Body (Baleg) complex in Senayan, Jakarta, on Tuesday, 19 May 2026. Marwata said anyone could be authorised to calculate state losses, provided they possess expertise and competence in the field.
‘When asked who is authorised to calculate the state losses, I always answer like this: Anyone can do it as long as they have the expertise and competence in their area,’ Marwata said.
He noted that in corruption cases one of the elements must be proven at trial. Therefore, ultimately, it is the judge’s verdict that determines and sets the amount of state losses.
‘In the end, it is the panel of judges who determine the amount of state losses in a corruption case, and who must restore the losses is specified in the panel’s decision,’ he added.
Marwata recounted that when he was a judge he rejected calculations of state losses by BPK and BPKP, arguing that based on trial facts there was no state loss; also, he believed judges have the authority to reduce or increase the loss amount.
Determining reductions or increases must align with trial facts, and there is also a need to raise judges’ understanding so they can accurately determine state losses.
‘So from these points, I think it’s not the sole domain of BPK to determine damages or state losses. In corruption cases, it is clear that ultimately the panel of judges determines the amount of state losses and who must repay them, as stated in the panel’s decision,’ he said.
In practice, Marwata said BPK would be overwhelmed counting every state loss in corruption cases, as only that agency has the authority. Therefore he urged the development of a standard for calculating state losses, but the final determination would be made by judges in the trial.
‘Perhaps it would be better for BPK, BPKP, or with public involvement and others, to draft a standard or guideline for calculating state losses. This way, academics or others with competence who wish to calculate can use that standard, and the figure would be tested in court. The conclusion, the decision, the judge returns to that,’ he added.
Previously, the Attorney General’s Office (Kejagung) issued a circular regarding which bodies can perform calculations of state losses in response to the Supreme Court’s decision. The circular states that the calculation of state losses can be performed by bodies other than BPK.
The circular letter, numbered B-1391/F/Fjp 04/2026, was signed by Jampidsus Febrie Adriansyah in the name of the Attorney General and addressed to the Heads of High Prosecutor’s Offices across Indonesia. The circular was prepared to respond to Supreme Court Decision No. 28/PUU XXIV/2026, which states that ‘state financial auditing bodies’ under Article 603 of the Indonesian Penal Code is BPK.