Indonesian Political, Business & Finance News

KPK reacts to MK ruling on state losses: BPK could not handle all cases

| | Source: KOMPAS Translated from Indonesian | Legal
KPK reacts to MK ruling on state losses: BPK could not handle all cases
Image: KOMPAS

Banten, Kompas.com – The Corruption Eradication Commission (KPK) said that the Audit Board of Indonesia (BPK) would not be able to handle calculating state losses in corruption cases involving all law enforcement agencies due to limited human resources.

This was said by KPK Deputy for Enforcement and Execution Asep Guntur Rahayu while responding to the MK ruling on how state losses are calculated by the BPK.

Asep said the limitation in manpower was confirmed after discussions with BPK.

‘According to our colleagues at BPK, to cover all state-loss calculations submitted by all law enforcement agencies, including the Police, the Attorney General’s Office, and the KPK, there would be a very long queue, and it would be impossible, given the human resources available at BPK,’ he said at a media briefing in Anyer, Banten, on Wednesday (20 May 2026).

He said one option is for BPK to provide guidance and methodologies related to calculating state losses and to certify auditors who are based elsewhere.

‘For example, we have forensic accountants. They would be certified to ensure alignment with the calculation methodology and other aspects, so that the auditors can perform the calculations,’ he added.

He stressed that cases of suspected corruption calculated by the KPK through the Financial and Development Supervisory Agency (BPKP) would continue.

‘We are also awaiting this study from the Legal Bureau, and we will follow it. But fundamentally, we must not hinder the law enforcement process,’ he said.

The assertion is contained in MK Decision No. 28/PUU-XXIV/2026, issued on Monday, 9 February 2026, as reported by Kompas.com from the official mkri.id site.

In its legal reasoning, the MK stated that the concept of state losses adopted in Indonesia is the loss within the meaning of a material offence, meaning that a wrongdoing can only be said to harm state finances if there is real or actual loss.

In other words, the state loss must have actually occurred and its amount can be calculated based on findings of the competent agencies or institutions.

‘The concept of state losses adopted by Indonesia is the concept of losses in the sense of a material offence, i.e., a wrongdoing can be said to harm state finances only if there is real or actual loss,’ the MK’s legal reasoning states.

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