Corruption Verdict on Pertamina Crude Oil Governance Enters Appeal

Both the prosecutor and convicted defendant Kerry Adrianto Riza in the crude oil governance corruption case at PT Pertamina (Persero) have filed appeals against the 15-year prison sentence. Criminal law lecturer Abdul Fickar Hadjar from Trisakti University emphasised that appeals can change the direction of verdicts against defendants.

“The High Court still acts as a judex facti. This means they do not only examine legal aspects, but also continue to assess trial facts,” Fickar told Media Indonesia on Monday (2/3).

He explained that in addition to reviewing case files submitted by the district court, the high court can hold additional hearings and even request additional evidence, including witnesses, experts, or documents.

“The high court can conduct its own investigation or order the district court to conduct further examination. This includes strengthening the element of illegality in the corruption offence charged,” he said.

Since both parties have filed appeals in the Pertamina crude oil governance corruption case, according to Fickar, each still has the opportunity to strengthen its arguments. The prosecution has the potential to add evidence to increase the sentence, particularly regarding the element of state loss amount, which is deemed not fully accommodated in the first-instance verdict.

“The prosecution will certainly focus on proving state economic losses of a very substantial value,” he said.

On the other hand, Fickar emphasised that the defendant also has room for defence.

“The defendant can submit rebuttal evidence and argue that this case is not a corruption offence, but rather a business cooperation,” Fickar said.

He added that an appeal verdict has three possibilities: reducing the sentence, upholding the district court verdict, or increasing and adding to the sentence already imposed. Furthermore, additional sentences are also possible if results of the corruption offence previously not considered as part of state losses are discovered.

The District Court imposed a 15-year prison sentence, a fine of Rp 1 billion, and an obligation to pay replacement money of approximately Rp 2.9 trillion to Kerry. Several assets were also confiscated for the state. However, the prosecution believes the verdict did not fully consider state economic losses amounting to Rp 171.9 trillion.