Defendant Of The State Rp285.18 Trillion State Crude Oil Corruption Case
A total of four defendants in the alleged corruption case of crude oil governance and refinery products in the 2018-2023 period are suspected of causing state losses of IDR 285.18 trillion, in a trial reading the indictment at the Corruption Court (Tipikor) at the Central Jakarta District Court.
The four defendants are the President Director of PT Pertamina Patra Niaga in 2023 Riva Siahaan, the Director of Central and Commercial Marketing of PT Pertamina Patra Niaga in 2023 Maya Kusuma, the President of Trading for Pertamina Patra Niaga Edward Corne for the period 2023-2025, and the Director of Feedstock and Product Optimization of PT Pertamina International Refinery (KPI) for the period 2022-2025 Sani Dinar Saifudin.
"The defendants have committed or participated in unlawful acts by enriching themselves, others, or a corporation, which is detrimental to state finances or the state economy," said public prosecutor (JPU) from the Attorney General's Office Feraldy Abraham Harahap in a trial reading the indictment. reported by ANTARA, Thursday, October 9th.
The prosecutor explained that in the procurement of imports of refinery or fuel oil products (BBM), the four defendants had enriched BP Singapore Pte. Ltd. in the procurement of gasoline (gasoline) 90 in the first half (H1) in 2023 amounting to 3.6 million United States (US) dollars and procurement of gasoline 92 in the first half of 2023 amounting to 745,493 US dollars and Sinochem International Oil (Singapore) Pte. Ltd. in the procurement of 90 gasoline in the first half of 2023 amounting to 1.39 million US dollars.
In addition, in the sale of non-subsidized diesel, the actions of the defendants have enriched 14 other corporations worth IDR 2.54 trillion.
Thus, the state losses incurred in this case amounted to Rp285.18 trillion. The prosecutor detailed state losses including state financial losses of US$2.73 billion and Rp25.44 trillion, state economic losses of Rp171.99 trillion, and illegal profits of US$2.62 billion.
The state financial losses consist of 5.74 billion US dollars in the procurement of imports of refinery or fuel products and Rp2.54 trillion in non-subsidized diesel sales during the period 2021-2023.
Meanwhile, the state's economic losses are too expensive from the fuel procurement price which has an impact on the economic burden caused by this price and illegal profits are obtained from the difference between the import price of fuel which exceeds the quota with the price of obtaining crude oil and fuel from domestically sourced purchases.
For their actions, the four defendants face criminal charges as regulated in Article 2 paragraph (1) or Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended and supplemented by Law Number 20 of 2001 in conjunction with Article 55 paragraph (1) 1st of the Criminal Code.
In this case, the Public Prosecutor revealed that the procurement of imports of refinery or fuel products, Riva, who at that time served as the Marketing and Commercial Director of Pertamina Patra Niaga for the period 2021-2023, approved Maya's proposal regarding the proceeds from special auctions for gasoline with octane levels or Research Octane Number (RON) 90 and RON 92 in the first half of 2023.
The proposal, among others, stipulates BP Singapore and Sinochem International Oil as candidates to win the tender after being given special treatment in the auction process by Edward by leaking information on the procurement secrets to the two companies.
In addition, Rivan is suspected of giving additional bid times to BP Singapore even though it has passed the deadline for delivering the offer.
Then, Riva proposed, among others, BP Singapore and Sinochem International Oil as candidate winners of the tender through a memorandum of special auctions of RON 90 and RON 92 in the first half of 2023 to the President Director of Pertamina Patra Niaga after being given special treatment in the auction process by Edward.
"Perlakuan khusus, yaitu memberikan informasi terkaitalpha pengadaan, sehingga BP Singapore dan Sinochem International Oil memenangkantender tersebut," tutur JPU.
After that, Edward gave special treatment to BP Singapore in the procurement of gasoline for RON 90 and RON 92 in the first half by providing information related to procurement secrets to BP Singapore and Sinochem International Oil.
It was stated that Edward also gave additional bid times to BP Singapore even though it had passed the deadline for delivering offers and to Sinochem International Oil, so that both companies could win the tender.
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Then, the Public Prosecutor also suspected that Edward proposed the two companies as potential winners of the tender through a memo on the results of the special auction of RON 90 and RON 92 for the first half of 2023 to Maya, after being given special treatment in the auction process by Edward.
Then, Edward is also suspected of having received a gift or parcel in the form of a golf bag from Ferry Mahendra Setya Putra as the Originator of Specialist-Business Development at PT Jasatama Petroindo, a company affiliated with the BP Singapore Group, related to the procurement process that has been carried out and won by BP Singapore.
Furthermore, in the sale of non-subsidized diesel, the Public Prosecutor suspects that Riva has approved the proposed sale price of diesel or Biosolar fuel to industrial consumers who do not consider the bottom price and level of profitability, as regulated in the Guidelines for the Management of Industrial Fuel and Marine Marketing of Pertamina Patra Niaga.
Not only that, Riva was also charged with signing a Solar or Biosolar sale and purchase agreement contract to private buyers at a selling price below the lowest selling price, which caused Pertamina Patra Niaga to sell Solar or Biosolar lower than the lowest selling price.
"Even below the cost of goods sold (HPP) and subsidized diesel base prices, which ultimately caused losses to Pertamina Patra Niaga," the Public Prosecutor added.
Then, Riva is also suspected of not compiling and establishing guidelines governing the price negotiation process, as stated in the Decree of the President Director, in the sale of non-subsidized diesel.