The Authority of Pretrial Judges in Assessing the Authority to Calculate State Financial Losses in Proving the Elements of The Corruption Offence

Abstract

Pretrial is a court process used to assess the actions of law enforcement in search, seizure, arrest, detention, and suspect determination. The scope of pretrial was expanded after a Constitutional Court decision in 2015. However, there are different interpretations of this decision.   Some pretrial decisions focus on the authority of the institution declaring state financial losses, while others only look at formal evidence without assessing quality. This study aims to determine whether pretrial judges have the authority to assess which institution has the authority to declare state financial losses. The research method used in this research is normative research method through statute approach and case approach. This research concludes that the authority to assess which institution has the authority to declare the existence of state financial losses is included in the subject matter of the case. Based on Supreme Court Regulation No. 04/2016 on Prohibition of Judicial Review of Pre-Trial Decision which states that pre-trial judges only assess the formal aspects, namely related to the fulfilment of 2 (two) evidence and do not enter the subject matter. To ensure consistency in pretrial decisions and legal certainty, a Supreme Court regulation or circular letter should specify the pretrial object and authority for declaring state losses.   A special task force of pretrial judges appointed by the District Court Chief Justice should also be created to handle pretrial decisions and ensure consistency and legal certainty.