Judges Find Economic Losses of IDR 171.99 Trillion in Presumptive Oil Case
The Anti-Corruption Court panel at Central Jakarta District Court has determined that alleged economic losses of IDR 171.99 trillion in a crude oil and refinery product corruption case are presumptive in nature.
Judge Sigit Herman Binaji stated that the economic loss calculation, determined by state economists Nailul Huda and Wiko Saputra, was based on price premiums for fuel procurement and their impact on economic burden. “The court panel confirms this calculation involves multiple uncertain and intangible factors, and therefore the existence of economic loss to the state cannot be proven,” Judge Sigit stated during the verdict hearing at the Anti-Corruption Court on Friday morning.
Judge Sigit added the same presumptive nature applies to the illegal gain calculation of USD 2.62 billion in the case. The illegal gains were calculated based on the difference between import fuel prices exceeding quotas and domestic crude oil and fuel prices from refineries, which the court also deemed presumptive.
Consequently, the court panel only agreed with the State Audit Board’s (BPK) financial loss calculations totalling IDR 9.42 trillion, USD 6.03 million, USD 2.73 billion, and IDR 25.44 trillion, which represent verified and concrete state financial losses from non-subsidised diesel sales.
Judge Sigit explained the court based its determination of state losses on BPK calculations, which contain verifiable and definite evidence of financial loss. This aligns with Article 32(1) of the Anti-Corruption Law, which defines actual state financial loss as “loss whose amount can be calculated based on findings by authorised institutions or appointed public accountants.”
In the charges, the crude oil corruption case allegedly caused state losses valued at IDR 285.18 trillion, comprising financial losses of USD 2.73 billion and IDR 25.44 trillion; economic losses of IDR 171.99 trillion; and illegal gains of USD 2.62 billion. Financial losses initially included USD 5.74 billion in refined product or fuel procurement and IDR 2.54 trillion from non-subsidised diesel sales during 2021-2023.
The case involved nine defendants: Muhammad Kerry Adrianto Riza (beneficial owner, PT Navigator Khatulistiwa), Agus Purwono (VP Feedstock Management, PT Kilang Pertamina Internasional 2023-2024), Yoki Firnandi (President Director, PT Pertamina International Shipping 2022-2024), Gading Ramadhan Juedo (Commissioner, PT Pelayaran Mahameru Kencana Abadi), Dimas Werhaspati (Commissioner, PT Jenggala Maritim Nusantara), Riva Siahaan (President Director, PT Pertamina Patra Niaga 2023), Maya Kusuma (Marketing Director, PT Pertamina Patra Niaga 2023), Edward Corne (VP Trading, Pertamina Patra Niaga 2023-2025), and Sani Dinar Saifudin (VP Feedstock and Product Optimisation, PT KPI 2022-2025).
The court sentenced Riva, Maya, Yoki, and Sani to nine years imprisonment each; Edward and Agus to ten years each; Gading and Dimas to fourteen years each; and Kerry to fifteen years. All nine defendants also received fines of IDR 1 billion, with an alternative of 190 days imprisonment. Kerry additionally faced a supplementary sentence requiring payment of IDR 2.9 trillion in restitution, with an alternative of five years imprisonment.