Judge Mulyono expresses dissenting opinion in Pertamina crude oil case
Judge Member IV Mulyono Dwi Putranto has expressed a dissenting opinion regarding the alleged corruption case in the management of crude oil and refinery products at PT Pertamina (Persero) from 2013 to 2024.
The judge assessed the actions of the defendants in this case as purely strategic business decisions aimed at maintaining the security of national fuel supply (BBM), which have been beneficial to this day.
“There is a dissenting opinion by Judge Member IV regarding the legal considerations on the element of state financial loss or national economy loss that is doubtful, unconvincing, unreal, and uncertain, resulting in the acquittal of the defendants in this case,” stated Judge Mulyono during the verdict reading session at the Corruption Court at the Central Jakarta District Court on Tuesday (12/5) night.
The dissenting opinion was read in the verdict against eight defendants, namely Alfian Nasution, Arief Sukmara, Martin Haendra Nata, Dwi Sudarsono, Indra Putra, Hasto Wibowo, Toto Nugroho, and Hanung Budya Yuktyanta.
Judge Mulyono opined that auditors from the Financial Audit Board (BPK) and the Financial and Development Supervisory Agency (BPKP), in calculating state losses, did not fully pair the roles of the defendants, whether there were technical deviations that were purely business mistakes or criminal acts.
It was emphasised that losses to state-owned enterprises (BUMN) do not always constitute criminal unlawful acts, so it must be examined whether there is mens rea or malicious intent.
Furthermore, Judge Mulyono opined that audits of complex and international-scale oil businesses must be conducted with independent procedures. The independence of auditors is deemed important so as not to be influenced by investigators.
Therefore, Judge Mulyono assessed that synchronisation is needed between criminal law, fiscal management, and corporate autonomy of BUMN, to avoid criminalisation of legitimate business decisions, with the implementation of the Business Judgment Rule (BJR).
“The application of BJR and duty of care needs to be institutionalised consistently as protection for BUMN directors who act professionally and in good faith,” stated Judge Mulyono.
In the case, the defendants were each sentenced to 4 years imprisonment for Dwi and Indra; 5 years for Hasto, Toto, and Martin; and 6 years for Arief, Alfian, and Hanung.
In addition to prison sentences, the eight defendants were collectively fined Rp1 billion each, with the provision that if not paid, it would be replaced (subsidiary) with imprisonment for 150 days.
The defendants were proven to have participated in unlawful acts in three stages of crude oil and refinery product management, thus harming the state finances by a total of US$2.73 billion and Rp25.44 trillion in this case.
The three stages in question are in the procurement of BBM terminal leasing by Pertamina, the provision of special assignment fuel compensation (JBKP) RON 90 by the government to PT Pertamina Patra Niaga (PPN) in 2022 and 2023, and the sale of non-subsidised diesel to PT PPN in 2020-2021.
For their actions, the defendants were found to have violated Article 2 paragraph (1) of the Corruption Eradication Law as amended by Law No. 20 of 2001 in conjunction with Article 55 paragraph (1) first of the Criminal Code.