Analisis Yuridis Terhadap Unsur Merugikan Keuangan / Perekenomian Negara Dalam Pasal 2 Dan Pasal 3 UU Tipikor

Abstract

This article examines the complex legal dimensions of the suspect
designation of the former Minister of Education in the Chromebook
procurement corruption case. It aims to clearly demarcate the critical
boundary between legitimate public policy discretion and abuse of
power implicating criminal liability. Utilizing a normative legal
research method with statutory, conceptual, and case approaches, the
study analyzes both procedural and material aspects of the case.
Procedurally, the suspect designation fulfills the minimum requirement
of sufficient initial evidence through authentic documents and witness
testimonies. Materially, the ministerial policy systematically locking
technical specifications to a single operating system, deliberately
ignoring internal technical studies, demonstrates a potential shift from
valid discretion to an act of authority abuse. The required malicious
intent is constructed from deliberate actions favoring specific
corporations, while state loss is proven through absolute failure to
achieve optimal value from money usage. This firmly establishes highly
crucial modern Indonesian precedents.