The criminal act of corruption in the trading system of tin commodities in the PT Timah Tbk Mining Business License (IUP) area for 2015-2022 is still generating polemics. One of the points highlighted is the ecological or environmental loss of IDR 271 trillion.
The value of environmental losses based on calculations by IPB environmental forensic expert Bambang Hero Saharjo is said to be included as state losses. However, the debate that arises is that environmental losses are not necessarily understood as state losses.
Criminal Law Expert at Padjadjaran University, Bandung, Nella Sumika Putri, said that in the context of tipikor or criminal corruption, the Financial Audit Agency (BPK) has the right to calculate and determine state losses at the request of investigators, in this case the Attorney General’s Office, Corruption Crime Investigation Agency or KPK. Meanwhile, the Financial and Development Supervisory Agency (BPKP) only has the authority to carry out inspections and audits, while regarding state losses, the constitutional authority remains with the BPK (video SEMA 4/2016).
“The person who has the right to count, if we are talking about the actual corruption regime, whose domain is who has the right to calculate losses in the context of criminal acts of corruption? So, the actual authority that can calculate and determine state losses in corruption cases is the BPK, while others only carry out audits. “The calculation was at the request of the investigator,” said Nella when contacted, Wednesday (13/3).
Regarding Bambang Hero Saharjo’s calculations and claiming it was a state loss, Nella also questioned the position or status of the academic from IPB. He asked whether Bambang was part of the BPK or a state audit institution such as the BPKP, or an investigative unit such as the KPK.
Nella also considers calculating environmental damage as an entry point to see state losses related to environmental crimes.
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“So, now in what context is Mr Bambang Hero’s position? Is he part of the BPK, BPKP, or KPK? So which regime is this? Well, I also don’t understand whether he is using the door of environmental damage to look for corruption or what, even though between the two there are different special criminal “regimes”,” he explained.
According to him, there is a need to study further and more thoroughly the impact of corrupt behavior in tin mining, especially regarding environmental losses and state losses. Nella sees that there is corrupt behavior in governance that results in environmental damage and financial losses, therefore it is necessary to distinguish between environmental crimes which are due to environmental damage in question. Or a criminal act of corruption that causes state losses, which criminal act is to be imposed must also be reaffirmed.
“According to the IPB environmental expert, in calculating environmental losses there are two actions, the first is whether due to governance, administration such as permits for cash mining permits causing environmental damage or mining actions that result in environmental damage,” he said.
“The question is, this destruction loss is pure environmental damage or environmental damage caused by corrupt actions in governance in accordance with environmental crimes. “These are two things that, in my opinion, could be two different things,” continued Nella. (Z-8)
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