University of Indonesia (UI) criminal law professor Topo Santoso\nargues that the alleged corruption case involving oil and refinery\nproduct management with defendant Muhammad Kerry Adrianto Riza,\nbeneficial owner of PT Orbit Terminal Merak, should not be forced into\ncriminal corruption charges if the elements of the crime are not\nproven.<\/p>\n
Moreover, Topo believes Kerry Riza should be acquitted as prosecutors\nfailed to prove the criminal elements and causality between the\ndefendant\u2019s actions and state losses.<\/p>\n
Topo made these remarks during a dissemination event examining the\nruling on the alleged oil management corruption case titled \u2018Untangling\nthe Boundaries of Criminal Corruption in Business Decisions\u2019, organised\nby the UI\u2019s Law Procedure and Judicial System Research Institute at the\nUI campus in Depok on Tuesday, 26 May 2026.<\/p>\n
Topo Santoso noted that the case involving Kerry Riza highlights the\nclose intersection between criminal law and business practices.<\/p>\n
He stressed that the business world has its own principles, customs,\nmethods, and mechanisms for resolving operational issues. Therefore,\nTopo cautioned that all business disputes should not automatically be\ncriminalised as corruption cases.<\/p>\n
\u2018The problem arises when all business issues are dragged into the\nrealm of criminal corruption. This is highly dangerous, especially when\nlaw enforcement agencies are given targets to handle a certain number of\ncorruption cases,\u2019 he said.<\/p>\n
Business disputes inherently have their own resolution mechanisms\nthrough administrative instruments, contracts, civil law, or other\nsectoral mechanisms. Therefore, business failures or losses cannot\nautomatically be criminalised.<\/p>\n
\u2018In business contexts, contracts form the primary basis of legal\nrelations. Operational issues, breach of contract, or failure to meet\nbusiness targets do not necessarily constitute criminal corruption,\u2019\nTopo said.<\/p>\n
He emphasised that business disputes are better resolved through\ncivil law. Not all business losses or failures can automatically be\ncriminalised. He also highlighted the importance of applying the\nbusiness judgment rule when assessing directors\u2019 or business actors\u2019\ndecisions.<\/p>\n
\u2018Business decisions that result in company losses do not\nautomatically become criminal acts. Profits and losses are inherent to\nbusiness operations, and business losses are not always synonymous with\ncrime,\u2019 he added.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/ui-professor-highlights-kerry-riza-case-says-prosecutors-failed-to-prove-criminal-elements-1779904813", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }