The AGO once included state economic losses in the textile import corruption case involving the Customs and Excise Directorate General in 2018-2020.
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KOMPAS EDITOR
·3 minutes read
KOMPAS
Corruption Suspect Surya Darmadi Examined by the Attorney General's Office.
The Attorney General's Office has applied a clause to the state economy, not only state losses, in the corruption case allegedly involving businessman Surya Darmadi.
The AGO has taken this move to achieve the optimal return of state losses. According to the results of the latest calculations by the Deputy Attorney General for Special Crimes, in collaboration with the Development Finance Comptroller (BPKP), which the AGO released in Jakarta on Tuesday (30/8/2022), the case caused financial losses to the state totaling Rp 104.1 trillion (US$7 billion). In detail, state financial losses amounted to Rp 4.9 trillion ($330 million), while state economic losses reached Rp 99.2 trillion ($6.7 billion) (Kompas, 31/8/2022).
Investigators also confiscated 40 assets belonging to Surya in the form of land and six palm oil mills in several regions, in addition to other assets worth around Rp 11.7 trillion.
Surya Darmadi, the owner of PT Duta Palma Group, is suspected of committing the crimes of corruption and money laundering. The business group oversees five companies managing 37,095 hectares of oil palm plantations. Financial and economic losses to the state take into account the rights of state property and the impacts of forestry revenue losses to the state forest damage as a result of converting a forest into oil palm plantations. Investigators also confiscated 40 assets belonging to Surya in the form of land and six palm oil mills in several regions, in addition to other assets worth around Rp 11.7 trillion.
Investigators also confiscated Surya's money, which was stored in a number of accounts and amounted to Rp 5.1 trillion, US$11.4 million, and S$646.04. They also seized four tugboats in Batam, the Riau Islands, and in Palembang, South Sumatra. This corruption and money laundering case has caused the biggest losses to the state, if prosecutors can prove the cumulative economic losses caused to the state and the judicial panel accepts it.
PUSPENKUM KEJAKSAAN AGUNG
Attorney General Sanitiar Burhanuddin.
The AGO rarely takes into account state economic losses in corruption cases, not just state financial losses. Actually, discourse over calculating economic losses to the state through corruption has emerged several times, but it is not always implemented. This is because Law No. 31/1999 on the Eradication of Corruption Crimes, which was amended by Law No. 20/2001, does not explicitly regulate state economic losses.
State losses occur because the state budget swells more than it should, or the state suffers loss of revenue.
The Corruption Law that is currently in effect only regulates state losses, which can be caused by unlawful acts by a person or a group of people. State losses are defined as the act of enriching oneself or another person or a company, abuse of authority or position, profiting from price differences, bribes, gratuities, or fraud. State losses occur because the state budget swells more than it should, or the state suffers loss of revenue.
The AGO once included state economic losses in the textile import corruption case involving the Customs and Excise Directorate General in 2018-2020. The calculation of state economic losses was based on a decline in domestic industrial activities due to a surge in imported goods and the loss of potential household spending due to layoffs. The total economic loss to the state was Rp 65.5 trillion.
The AGO wants to reclaim as much as possible of the losses incurred to the state, including potential state economic losses. However, this move will only work if other law enforcement institutions support it. If not, they will remain as merely a calculation.
