Former KPK Deputy Chairman Reveals Reasons for Testifying as Expert in LNG Corruption Trial

Former Deputy Chairman of the KPK for the 2003-2007 period, Amien Sunaryadi, appeared as an expert witness in the trial of the alleged corruption case involving the procurement of liquefied natural gas (LNG), or liquefied natural gas. Amien stated that a criminal act of corruption charged under articles harming state finances must be accompanied by proof of mens rea, or malicious intent.

This was conveyed by Amien Sunaryadi while testifying at the Central Jakarta Corruption Court, Tuesday (2/4/2026). Amien was presented by the defendant, former Director of Gas at PT Pertamina, Hari Karyuliarto.

Initially, Hari’s lawyer, Wa Ode Nur Zainab, asked the reason for Amien’s willingness to appear as an expert in the trial of this case. Amien admitted that he saw the handling of several corruption cases as incorrect because the application of articles harming state finances was not accompanied by proof of mens rea.

“What prompted you to graciously appear here? And we know precisely that you are not being paid to appear here. What prompted you to be moved to become an expert in this courtroom?” asked Wa Ode.

“Honourable panel, I was formerly Deputy Chairman of the KPK; eradicating corruption is my concern. Then I saw several cases, not just this one, where I observed that the handling of the criminal act of corruption was wrong. As I said earlier, if using the article on harming state finances, there must be mens rea. This is my opinion,” replied Amien.

Amien said he also appeared as an expert in the trial of the ASDP corruption case involving defendant Ira Puspadewi. He claimed to have given similar testimony in that trial.

“If I were to loudly proclaim this in the media or publicly, it might not be an official opinion, so I am appearing here as an expert, coincidentally also invited by the advocate. But not only here, in the previous court, in the case of Mrs Ira related to ASDP, I also appeared. I explained more or less the same,” he said.

Amien also conveyed his opinion in the constitutional review trial of the article on state financial losses at the Constitutional Court (MK). He hopes that the KPK will prioritise the presence or absence of mens rea when charging someone in a corruption criminal case.

“Then, at the Constitutional Court, I also explained that the state needs to eradicate corruption. The article on harming state finances during Mr Harto’s era, Mr SBY’s, Mr Jokowi’s, and the first year, at that time it was still one year under Mr Prabowo, was used incorrectly. Because of that, I said, just repeal it. That was at the Constitutional Court,” said Amien.

“If here I convey that there must be mens rea, with what hope? I hope that friends in law enforcement, because this case is handled by the KPK, the KPK also understands that mens rea must be sought. Hopefully, the honourable panel also agrees with me that mens rea must be sought in accordance with the concept of international criminal law,” he added.

Amien also briefly mentioned the statement of the current Deputy Chairman of the KPK, Fitroh Rohcahyanto. According to him, Fitroh also holds the same view on the importance of proving mens rea in applying the article on harming state finances.

“Coincidentally, at the end of last year, I was a speaker at a state-owned enterprise together with Mr Fitroh, Deputy Chairman of the KPK. There, I also heard him say that corruption crimes must have mens rea. Well, because I see here from the indictment that mens rea is not sought, then I see it this way, oh, perhaps the Public Prosecutor at the KPK has a gap in understanding with the KPK leadership,” said Amien.

Amien assessed that it would be less proper if he conveyed his opinion in forums outside the court. He emphasised that his presence was not to defend the corruption defendant but to ensure that corruption eradication is carried out effectively.

“If I announce it in forums outside, in my opinion, it would be less proper, so I have come here. I explain officially that the use of the article on harming state finances must have mens rea, actus reus and mens rea,” said Amien.

“So I came here not to defend the corruption defendant; I want corruption eradication to be done correctly so that the KPK can be more effective in eradicating corruption,” he added.

Amien assessed that many state officials are fearful of accusations of harming state finances. He believes this fear causes decisions to be delayed, which can hinder economic growth.

“And as an addition, so as not to intimidate state-owned enterprises and government apparatus, so as not to hinder economic growth. Hopefully, what I convey can become input for the KPK and others so that corruption can be eradicated and economic growth can reach 8 percent as desired by our President, Mr Prabowo,” said Amien.

Amien was also specifically asked by Wa Ode about his view on this alleged LNG corruption case. However, Amien gave a general view, namely an emphasis on the crucial nature of proving mens rea.

“So my opinion is this: basically, if using the article on harming state finances, there must be mens rea; if evidence of mens rea is found, they must be punished. But if no evidence of mens rea is found, they must be released,” said Amien.

Indictment

Previously, KPK public prosecutors indicted two new defendants in the liquefied natural gas (LNG) procurement corruption case, causing state losses of USD 113 million. The two defendants are former Director of Gas at PT Pertamina, Hari Karyuliarto, and former VP of Strategic Planning Business Development at Pertamina’s Gas Directorate, Yenni Andayani.

The indictment hearing was held at the Central Jakarta Corruption Court, Tuesday (23/12/2025). Both are accused of committing the acts together with former Pertamina President Director Galaila Karen Kardinah or Karen Agustiawan, who has already been convicted in this case.

“Committing acts of enriching themselves or others or a corporation, namely enriching Galaila Karen Kardinah alias Karen Agustiawan by Rp 1,091,280,281 (Rp 1 billion) and USD 104,016, and enriching the corporation Corpus Christi Liquefaction LLC by USD 113,839,186 (USD 113 million),” stated the prosecutor.