JAKARTA - Judge Member IV Mulyono Dwi Putranto stated a different opinion alias dissenting opinion on the alleged corruption case in the management of crude oil and refinery products of PT Pertamina (Persero) for the period 2013-2024.
The judge assessed the actions of the defendants in the case were purely strategic business decisions to maintain the security of the national fuel supply (BBM) which has been beneficial until now.
"There is a difference of opinion by the IV Member judge regarding the legal consideration of the elements of state financial losses or the state economy that are doubtful, not convincing, not real and not certain, which results in freedom for the defendants in this case," said Judge Mulyono as reported by Antara, Wednesday, May 13,
The different opinions were read in the verdict against eight defendants, namely Alfian Nasution, Arief Sukmara, Martin Haendra Nata, Dwi Sudarsono, Indra Putra, Hasto Wibowo, Toto Nugroho, and Hanung Budya Yuktyanta.
Judge Mulyono argued that the auditors from the Financial Audit Agency (BPK) and the Financial and Development Supervisory Agency (BPKP), in calculating state losses, did not match the role of the defendants in full, whether there were technical deviations that were purely business errors or criminal acts.
It was emphasized that the existence of state-owned enterprise (BUMN) losses does not always mean a criminal act against the law so that it must be seen whether there is mens rea or evil intent.
In addition, Judge Mulyono argued that audits of complex and internationally scaled oil businesses must be carried out with independent procedures. The independence of the auditor is considered important so that it is not influenced by investigators.
Therefore, Judge Mulyono considered it necessary to synchronize between criminal law, fiscal management, and corporate autonomy of SOEs, so that there is no criminalization of legitimate business decisions, with the implementation of the Business Judgment Rule (BJR).
"The implementation of BJR and duty of care needs to be institutionalized consistently as protection for SOEs directors who act professionally and with good intentions," said Judge Mulyono.
In this case, the defendants have been sentenced to 4 years in prison for Dwi and Indra; 5 years for Hasto, Toto, and Martin; and 6 years for Arief, Alfian and Hanung.
In addition to imprisonment, the eight defendants as a whole were also sentenced to a fine of Rp1 billion each, with the provision that if not paid, it will be replaced (subsider) with imprisonment for 150 days.
The defendants were proven to have participated in unlawful acts in three stages of crude oil and refinery product management, thus causing a total loss of state finances of 2.73 billion US dollars and Rp. 25.44 trillion in the case.
The three stages in question are in the procurement of fuel terminal leases by Pertamina, the provision of special fuel assignment (JBKP) RON 90 compensation by the government to PT Pertamina Patra Niaga (PPN) in 2022 and 2023, and the sale of non-subsidized solar at PT PPN in 2020-2021.
For their actions, the defendants were found to have violated Article 2 paragraph (1) of the Corruption Eradication Law as amended by Law Number 20 of 2001 in conjunction with Article 55 paragraph (1) of the Criminal Code.
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