Judge Mulyono stated his dissenting opinion during deliberations\nwithin the panel when sentencing in the corruption case concerning the\nmanagement of crude oil. Judge Mulyono doubted the procedures, figures,\nand quality of the financial calculations related to state losses in\nthis case.<\/p>\n
\u201cBased on the judge\u2019s observations, expert witness testimony, and the\ndocumentary evidence presented in court, the four members of the panel\ndoubt the procedures and the figures and quality of the financial\ncalculations related to the state\u2019s finances that occurred in this oil\nmanagement case,\u201d said Judge Mulyono while reading his dissenting\nopinion at the Jakarta Central Corruption Court, Friday (27\/2\/2026).<\/p>\n
\u201cThis case in Indonesia is complex, involving international trade,\nand is a consequence of the unlawful acts committed by the defendants,\u201d\nhe added.<\/p>\n
Judge Mulyono argued that a person can only be prosecuted if there is\nan element of illegality and a causal link between the perpetrator\u2019s\nactions and the consequences. He likened state losses to rotten\nfruit.<\/p>\n
\u201cIf there are state losses, is it like rotten fruit, does the tree\nthat produced it also contain rot? Does the loss to a state-owned\nenterprise or state finances always result from unlawful acts? Not\nnecessarily,\u201d he said.<\/p>\n
Judge Mulyono believes that what is clearly and currently possible is\nto first assess the truth and consequences of the unlawful act, namely\nthe existence of state losses. He believes that there needs to be a\nbinding operational guideline for legal experts and auditors to apply a\ntiered testing sequence.<\/p>\n
\u201cAccording to the fourth member of the panel, before there are state\nfinancial losses, there needs to be synchronisation between laws,\u201d he\nsaid.<\/p>\n
Judge Mulyono said that company losses resulting from business\ndecisions should not be criminalised. However, if the business decision\ndeviates and is made in bad faith, it must be addressed.<\/p>\n
\u201cTherefore, if there are reasonable business losses or even no real\nbusiness losses, but there are company losses according to law\nenforcement, the business decision should not be criminalised, but if\nthere are significant deviations and bad intentions, it must still be\naddressed,\u201d he said.<\/p>\n
The nine defendants in this case are:<\/p>\n
Riva Siahaan (RS), former Director of PT Pertamina Patra\nNiaga,<\/p><\/li>\n
Sani Dinar Saifuddin (SDS), former Director of Feedstock and\nProduct Optimization at PT Kilang Pertamina Internasional,<\/p><\/li>\n
Maya Kusmaya (MK), former Director of Marketing and Trading at PT\nPertamina Patra Niaga,<\/p><\/li>\n
Edward Corne (EC), former VP of Trading Operations at PT\nPertamina Patra Niaga,<\/p><\/li>\n
Yoki Firnandi (YF), former Director of PT Pertamina International\nShipping,<\/p><\/li>\n
Agus Purwono (AP), former VP of Feedstock Management at PT Kilang\nPertamina Internasional,<\/p><\/li>\n
Muhamad Kerry Adrianto Riza (MKAR), beneficial owner of PT\nNavigator Khatulistiwa,<\/p><\/li>\n
Dimas Werhaspati (DW), Commissioner of PT Navigator Khatulistiwa\nand Commissioner of PT Jenggala Maritim,<\/p><\/li>\n
Gading Ramadhan Joedo (GRJ), Commissioner of PT Jenggala Maritim\nand Director of PT Orbit Terminal Merak.<\/p><\/li>\n<\/ol>\n
(mib\/isa)<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/one-judge-expresses-dissenting-opinion-regarding-state-losses-in-the-crude-oil-case-1772144630", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }