JAKARTA - The Public Prosecutor (JPU) has demanded five defendants in the alleged corruption case of crude oil and refinery products management at PT Pertamina (Persero) with a prison sentence of six to 12 years.
"Demand that the defendants be found legally and convincingly guilty of committing corruption in a joint manner," said the prosecutor from the Attorney General's Office Andi Setyawan at the reading of the charges at the Corruption Crime Court (Tipikor) at the Central Jakarta District Court, Wednesday, April 22.
The five defendants in question, namely Business Development Manager PT Mahameru Kencana Abadi Indra Putra who was charged with six years in prison and Vice President (VP) Crude, Product Trading, and Commercial (CPTC) for the period 2019-2020 Dwi Sudarsono for 12 years in prison.
Then, Senior Vice President (SVP) Integrated Supply Chain (ISC) Pertamina period 2017-2018 Toto Nugroho; Director of Central Marketing and Sales at Pertamina Patra Niaga period 2020-2021 Hasto Wibowo; and Director of Gas, Petrochemicals, and New Business of PT Pertamina International Shipping (PIS) period 2024-2025 Arief Sukmara, were each sentenced to 10 years in prison.
In addition, the JPU also demands that the defendants be sentenced to a fine of Rp. 1 billion with the provision that if it is not paid, it will be replaced (subsider) with a prison sentence of 190 days.
The five defendants are also required to be sentenced to additional punishment in the form of payment of compensation of Rp5 billion each in the form of a seven-year prison sentence (Toto, Hasto, and Dwi), five years (Arif), and two years and six months (Indra).
For their actions, the defendants are believed to have violated Article 603 juncto Article 20 letter C of the Criminal Code jo. Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended and supplemented by Law Number 20 of 2001.
Before filing a lawsuit, the JPU considered several things that were aggravating and aggravating. The aggravating condition in question, namely the actions of the defendants did not support the government's program in the context of the implementation of a clean and corruption-free state, collusion and nepotism (KKN).
In addition, the actions of the defendants also caused huge losses to the state and the country's economy.
"While the mitigating circumstances are considered, the defendants have never been convicted," said the prosecutor.
In the case of alleged corruption in the management of crude oil and refinery products at Pertamina for the period 2013-2024, the five defendants are suspected of causing losses to the state treasury amounting to IDR 285.18 trillion.
The five people were charged with committing or participating in unlawful acts in three stages of crude oil and refinery product management.
The three stages in question are in the procurement of fuel terminal leases by Pertamina, the provision of JBKP RON 90 compensation by the government to PT Pertamina Patra Niaga (PPN) in 2022 and 2023, and the sale of non-subsidized solar to PT PPN in 2020-2021.
It is stated that the act was carried out together with the President Director of PT Pertamina Patra Niaga for the period 2021-2023, Alfian Nasution; Director of Marketing and Sales of Pertamina for the period 2012-2014, Hanung Budya Yuktyanta; and Business Development Manager Trafigura Pte, Ltd for the period 2019-2021, Martin Haendra Nata.
In the procurement of the fuel terminal lease by Pertamina, the JPU said that the eight defendants had enriched the Commissioner of PT Pelayaran Mahameru Kencana Abadi (PMKA) Gading Ramadhan Juedo, the beneficial owner of PT Navigator Khatulistiwa Muhammad Kerry Andrianto Riza, and the beneficial owner of PT Orbit Terminal Merak Mohammad Riza Chalid, amounting to Rp. 2.9 trillion in the Merak Fuel Terminal (TBBM) lease activity.
Then, in the provision of Special Fuel Type Compensation for Assignment (JBKP) Research Octane Number (RON) 90 by the government to Pertamina Patra Niaga in 2022 and 2023, the actions of the defendants have enriched Pertamina Patra Niaga by IDR 13.12 trillion.
Meanwhile, in the sale of non-subsidized solar at PT PPN in 2020-2021, the eight defendants have enriched PT Adaro Indonesia by Rp630 billion.
Thus, the state losses incurred in the case amounted to IDR 285.18 trillion. The JPU detailed the state losses, including a loss of state finances of 2.73 billion US dollars (USD) and IDR 25.44 trillion, a loss of the state economy of IDR 171.99 trillion, and illegal profits of 2.62 billion US dollars.
The state's financial losses are estimated at US$5.74 billion in the procurement of imported refinery products or fuel and Rp2.54 trillion in the sale of non-subsidized solar during the 2021-2023 period.
Meanwhile, the loss of the national economy is the cost of the procurement price of fuel which has an impact on the economic burden imposed by the price as well as the illegal profits obtained from the difference between the import procurement price of fuel exceeding the quota and the procurement price of crude oil and fuel from purchases sourced in the country.
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