Judge: Rp171.99 Trillion Economic Loss in the Crude Oil Case

JAKARTA - The Corruption Court of the PN Jakpus Court of Judges considers the state's economic losses of IDR 171.99 trillion related to the alleged corruption case of crude oil and refinery products management in the 2018-2023 period to be presumptive.

Member Judge Sigit Herman Binaji stated that the calculation of the state's economic losses was calculated by state economists Nailul Huda and Wiko Saputra, which was the price of the procurement of fuel oil (BBM), which had an impact on the economic burden imposed by the price.

"The panel of judges emphasized that the calculation had many factors that affected, were uncertain, and were not real, so that the existence of economic losses to the state could not be proven," said Judge Sigit in the reading of the verdict at the Corruption Court at the PN Jakpus, early Friday.

Judge Sigit added that this also applies to the calculation of illegal profits alias illegal gaindalam the case which amounted to 2.62 billion US dollars (USD).

It is stated that the illegal profit is obtained from the difference between the price of imported fuel oil obtained exceeding the quota and the price of crude oil and fuel oil obtained from refineries sourced from within the country, which is also considered presumptive.

Thus, the panel of judges only agreed with the calculation of state financial losses, among others, of IDR 9.42 trillion; 6.03 million US dollars; 2.73 billion US dollars; and IDR 25.44 trillion in the case, which is the calculation of the Financial Audit Agency (BPK) on the results of the investigative examination report.

Therefore, Judge Sigit revealed that his party based the state's losses in the case on the BPK calculation, which was real and there was a definite loss of state finances in the sale of non-subsidized solar.

This, he said, was in accordance with the explanation of Article 32 paragraph (1) of the Corruption Eradication Law which states, "the actual meaning of the state's financial loss is a loss that can be calculated based on the results of the findings of the authorized agency or the appointed public accountant".

"Based on the above considerations, the elements that can harm state finances can be fulfilled," said Judge Sigit.

In the indictment, the crude oil corruption case is suspected of causing the state losses of IDR 285.18 trillion, which includes state financial losses of USD 2.73 billion and IDR 25.44 trillion; state economic losses of IDR 171.99 trillion; and illegal profits of USD 2.62 billion.

In detail, the state's financial losses were initially suspected to consist of US$5.74 billion in the procurement of imported refinery products or fuel oil (BBM) and Rp2.54 trillion in the sale of non-subsidized solar during the period 2021-2023.

In that case, there were nine defendants who were dragged, including the beneficial owner of PT Navigator Khatulistiwa Muhammad Kerry Adrianto Riza, Vice President of Feedstock Management PT Kilang Pertamina Internasional (KPI) in 2023-2024 Agus Purwono, President Director of PT Pertamina International Shipping in 2022-2024 Yoki Firnandi, Commissioner of PT Pelayaran Mahameru Kencana Abadi (PMKA) Gading Ramadhan Juedo, and Commissioner of PT Jenggala Maritime Nusantara (JMN) Dimas Werhaspati.

There are also other defendants, namely the President Director of PT Pertamina Patra Niaga in 2023 Riva Siahaan, the Director of Marketing and Sales of PT Pertamina Patra Niaga in 2023 Maya Kusuma, Vice President of Trading of Pertamina Patra Niaga Products Edward Corne for the period 2023-2025, and the Director of Feedstock and Product Optimization of PT KPI for the period 2022-2025 Sani Dinar Saifudin.

As for Riva, Maya, Yoki, and Sani, they were each sentenced to 9 years in prison; Edward and Agus each received 10 years in prison; Gading and Dimas each received 14 years in prison; and Kerry 15 years in prison.

The nine defendants were also each sentenced to a fine of Rp1 billion, subsider 190 days in prison. Kerry was also given an additional penalty in the form of payment of compensation in the amount of Rp2.9 trillion, subsider 5 years in prison.