Over-Application of Law in Case of Casual Teacher in Probolinggo
Jakarta – The designation of Mohammad Hisabul Huda (MHH) as a suspect in an alleged corruption offence related to concurrent positions in Probolinggo, East Java, has sparked serious discourse on the limits of applying criminal law, particularly in matters intersecting with government administration.
MHH is known to have received dual salaries from state budgets for five years, serving as both a Local Village Accompanist (Pendamping Lokal Desa) and a Casual Teacher (Guru Tidak Tetap).
Albert Aries, a criminal law expert from Trisakti University, argues that the case against Mohammad Hisabul Huda risks stretching criminal law beyond its ideal function within the modern legal system.
“The corruption offence case involving Mohammad Hisabul has the potential to result in an over-application of criminal law (overspannen van het strafrecht), and is inconsistent with the transformation towards modern sentencing systems envisioned in the National Criminal Code, which prioritises justice and utility (utilitarianism),” Albert told Kompas.com on Friday (27 February 2026).
“Law enforcement authorities should not merely confirm that criminal elements are satisfied (tatbestandmassigkeit); they must also consider whether applying such an offence aligns with the legislature’s intent in enacting anti-corruption legislation (wessenchau),” he added.
Albert also raised concerns about how state financial loss is calculated.
He cautioned that determining state financial loss cannot be done arbitrarily, especially by law enforcement authorities themselves.
As a member of the National Criminal Code expert team, Albert stressed that provisions regarding state financial loss have been clearly regulated in the National Criminal Code.
“As a member of the National Criminal Code expert team, I wish to remind that the explanation of Article 603 of the National Criminal Code states that ‘causing state financial loss’ is determined on the basis of findings from state financial audit institutions,” he said.
“We must also not forget that the Constitutional Court provided binding legal reasoning (ratio decidendi) in 2016 that administrative errors resulting in state financial loss do not automatically constitute corruption offences,” Albert added.
He emphasised that the success of anti-corruption efforts should not be measured solely by quantitative metrics.
“Rather, it should be measured by how justice is realised in society and how actual state financial losses are recovered,” he concluded.
This case has also drawn serious parliamentary attention, particularly given that Indonesia now has new sentencing regulations enshrined in the National Criminal Code (Kitab Undang-Undang Hukum Pidana).