Legislative Body Discusses Anti-Corruption Law to Prevent Ambiguity Regarding State Loss Calculation Authorities
JAKARTA — The Legislative Body (Baleg) of the House of Representatives (DPR) has invited three legal experts to discuss the authorised parties responsible for calculating state losses under Law Number 20 of 2001 concerning the Eradication of Corruption Crimes.
The public hearing was convened in response to Constitutional Court Decision Number 28/PUU-XXIV/2026, which emphasises that the Audit Board of Indonesia (BPK) is the authorised institution for calculating state losses.
“Beyond the necessity for the state to enforce the law, the legal regulations themselves must be present and satisfy the requirements of justice and legal certainty,” stated the Chairman of Baleg, Bob Hasan, during the hearing, as reported by the Parliament TVR YouTube broadcast on Monday (18/5/2026).
Discourse regarding the calculation of state losses intersects with various law enforcement agencies, including the National Police (Polri), the Attorney General’s Office (Kejagung), and the Supreme Court (MA).
“Therefore, when we discuss state losses, this is an interest that serves as a discourse for all parties, including the DPR, law enforcement within our legal structure, the National Police, the Attorney General’s Office, the Supreme Court, and so on,” said Bob.
He further addressed the issuance of a Circular Letter (SE) from the Attorney General’s Office, which has contributed to differing interpretations regarding the institution authorised to calculate state losses.
“It should be noted that Constitutional Court Decision Number 28 has also resulted in a circular letter from the Attorney General’s Office, issued by the Attorney General and signed by the Junior Attorney General for Special Crimes (Jampidsus), which suggests to many institutions that even non-state institutions can calculate state losses,” Bob explained.
This provision has led to conflicting interpretations regarding who holds the authority to calculate state losses.
“In my view, there is a dispute here, and from any angle or perspective, this cannot be allowed to remain as a source of multiple interpretations,” Bob added.
Nevertheless, the Constitutional Court Decision Number 28/PUU-XXIV/2026 should reaffirm that the BPK is the authorised institution for calculating state losses.
“Article 10, paragraph 1 of the BPK Law states that the BPK is the sole institution authorised to determine state losses based on unlawful acts,” he clarified.
Consequently, Baleg has invited former Deputy Chairman of the Corruption Eradication Commission (KPK) Amien Sunaryadi, academic Romli Atmasasmita, and Firman Wijaya to participate in the deliberations.