Corruption: Does Environmental Damage Constitute State's Financial Loss?

摘要

The purpose of this paper is to analyze the equalization of environmental damage with the financial loss of the State by the KPK's prosecutor in indicting the perpetrators of corruption charged under article 2 and 3 of Act No. 31 Year 1999. The decision of the Corruption Court in Nur Alam case stating that the accused has been proven in committing corruption which is detrimental to the State's financial or economy, is a new breakthrough in handling corruption cases related to environmental damage. For the first time, the KPK's Prosecutor equates environmental damage with financial or economic losses of the State in Article 2 and Article 3. This paper will argue that the KPK's Prosecutor has used both the analogy and extensive interpretation. This article then explains the reasons, in which original definition of the State financial loss does not cover environmental damage. Secondly, the existence of Article 4 of the law on corruption eradication shows that environmental damage is not included in the State financial loss. The last is that the law maker does not have the idea that environmental damage is included in the State financial loss.