Today’s Legal Enlightenment (Friday, 30 September 2022) – STATE LOSSES CANNOT BE ESTABLISHED BASED ON ASSUMPTIONS

Whereas because the results of the Indonesian Audit Board audit, which were used as the basis by the Public Prosecutor to calculate state losses, were not included in the category of “state losses,” and the Panel of Judges who tried this case had never directly reviewed the evidence in the form of books and props and or presented them in front of the trial, such state losses are “FICTITIOUS” and/or based on assumptions. This is justified because state losses cannot be determined based on assumptions (Decision of the Supreme Court of the Republic of Indonesia No. 777/Pid.Sus/2009, 22 March 2010, page 122 letter (f)).

→ Source: Defense of the Defendant as outlined in the Supreme Court Decision No. 1364 K/Pid.Sus/2011, Varia Peradilan Magazine No. 327, February 2013.

Best regards,

Fredrik J. Pinakunary