Judge: State Economic Loss of Rp171.99 Trillion in Oil Case Is Assumptive
Jakarta – The panel of judges at the Corruption Court at the Jakarta Central District Court has determined that the alleged state economic loss of Rp171.99 trillion in connection with the suspected corruption case regarding crude oil and refined fuel product management for the period 2018–2023 is assumptive in nature.
Judge Sigit Herman Binaji, a member of the panel, stated that the calculation of state economic loss was computed by state economists Nailul Huda and Wiko Saputra, which represented the inflated prices of fuel oil procurement (BBM) and its resulting impact on the economic burden generated by such pricing.
“The panel of judges affirms that this calculation is influenced by many factors, is uncertain, and is not concrete, such that the existence of state economic loss cannot yet be proven,” said Judge Sigit during the verdict reading session at the Corruption Court at Jakarta Central District Court on Friday early morning.
Judge Sigit added that this also applies to the calculation of illegal gains in the case, which amounted to $2.62 billion USD.
The illegal gains were derived from the difference between the acquisition price of imported BBM that exceeded quota and the acquisition price of crude oil and BBM from domestic refineries, which was also deemed assumptive.
Accordingly, the panel of judges agreed only with the loss calculations, which included Rp9.42 trillion, $6.03 million USD, $2.73 billion USD, and Rp25.44 trillion in the case, which represent the calculations of the State Audit Board (BPK) based on its investigative audit report findings.
Therefore, Judge Sigit revealed that the court based the state loss in the case on the BPK’s calculations, which definitively and concretely demonstrate financial loss to the state in the sale of non-subsidised diesel.
This is consistent with the explanation of Article 32 paragraph (1) of the Corruption Eradication Law, which states: “What is meant by actually existing state financial loss refers to a loss whose amount can be calculated based on the findings of an authorised institution or an appointed public accountant.”
“Based on the series of considerations above, the element of potentially damaging state finances can be satisfied,” said Judge Sigit.
In the indictment, the crude oil corruption case allegedly caused state damage valued at Rp285.18 trillion, which comprised state financial losses of $2.73 billion USD and Rp25.44 trillion; state economic loss of Rp171.99 trillion; and illegal gains of $2.62 billion USD.