Unpad Professor in DPR Meeting: Remove State Loss Element from Anti-Corruption Law, and It's Done!
JAKARTA — Romli Atmasasmita, a Professor of Law at Universitas Padjadjaran, has proposed that the element of state loss be removed from the Anti-Corruption Law (UU Tipikor). Romli believes that the inclusion of state loss actually triggers prolonged controversy in the handling of corruption cases, particularly regarding which party is authorised to calculate such losses.
“So, in my view, if we are strict regarding Article 3 of the UNCAC, which we have ratified, let’s just discard the state loss element. Just remove it, and it’s finished!” Romli stated during a public hearing (RDPU) with the Indonesian House of Representatives (DPR RI) Legislative Committee on Monday.
Romli noted that the existence of the state loss element has historically sparked debates between law enforcement agencies and state auditors. “Therefore, there would be no dispute over who performs the calculation. Currently, there is a dispute; some calculate it, others do not. Judges can calculate, prosecutors can calculate. From where? This, Sir,” he explained.
“Since when did law faculty curricula include accounting mathematics? Never. So how do prosecutors or judges calculate it?” Romli added.
During the forum, Romli expressed regret for having been part of the process that drafted the regulation and included the state loss element in the Anti-Corruption Law, as it has now become a source of problems in corruption law enforcement. “I also regret why I included the element of state financial loss back then, which is now causing disputes. With Article 3 of the UNCAC, the issue is resolved. There would be no problem with Articles 2 and 3,” he said.
Consequently, Romli is pushing for a total revision of the Anti-Corruption Law, arguing that current anti-corruption regulations cause bureaucrats to fear making decisions. “Sometimes I think, why is our legislation becoming increasingly chaotic?” Romli remarked. He believes that corruption law enforcement should focus more on asset recovery and corruption prevention rather than solely on criminalisation.