Judge Disagrees with Prosecutor, Riva Siahaan Not Ordered to Pay Restitution
JAKARTA, KOMPAS.com - The panel of judges did not impose a restitution order on the Director of PT Pertamina Patra Niaga (PPN), also the defendant, Riva Siahaan.
The judge believes that Riva did not benefit from the corruption case involving the management of crude oil and refinery products of PT Pertamina Persero.
This was detailed by the panel of judges in their legal considerations before reading out the verdict for Riva and two other defendants, the Director of Marketing Center and Trading at PT Pertamina Patra Niaga, Maya Kusmaya, and the VP of Trading Operations at PT Pertamina Patra Niaga, Edward Corne.
“Regarding restitution. Considering that in court, no legal facts were obtained that the defendant Riva Siahaan received money from the corruption which is state money. Therefore, the defendant is not required to pay restitution,” said Judge Sigit Herman Binaji, during the hearing at the Jakarta Corruption Court, Thursday (February 26, 2026).
This is in accordance with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001.
“Considering that regarding evidence in the form of money and bank savings books that were blocked because they were not related to the criminal act, the blocking of the bank savings books must be lifted,” said Judge Sigit, conveying the contents of the article.
Previously, the Public Prosecutor (JPU) demanded that Riva, Maya, and Edward pay restitution of IDR 5 billion as a form of accountability even though they did not enjoy the proceeds of corruption.
Meanwhile, Edward was sentenced to 10 years in prison with a fine of IDR 1 billion or 190 days in prison.
The three defendants were found to have committed unlawful acts in the procurement of imported refinery products.
In its consideration, for the procurement of imported refinery products, Riva and Maya gave special treatment to a number of foreign companies based on recommendations from Edward Corne.
This special treatment was in the form of Edward providing advance notice of the estimated price so that the partner companies could adjust the price and win the auction.
Some of these foreign companies are BP Singapore PTE LTD and Sinochem International Oil PTE LTD.
The panel of judges believes that Riva Siahaan and his colleagues did not commit unlawful acts in the sale of diesel fuel or biodiesel to industry because they had considered the lowest selling price.
Overall, the state’s financial losses are estimated at 2,732,816,820.63 US dollars or 2.7 billion US dollars and IDR 25,439,881,674,368.30 or IDR 25.4 trillion.
Meanwhile, the panel of judges did not agree with the figure of economic losses to the state of IDR 171.9 trillion because this figure is considered not yet explainable.
The Defendants were found to have violated Article 603 jo Article 20 paragraph c of Law Number 1 of 2023 concerning the Criminal Code jo Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001.
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