Maya Kusmaya Files Appeal Memorandum in Oil Governance Case

Former director of PT Pertamina Patra Niaga, Maya Kusmaya, submitted an Appeal Memorandum against the District Court decision and a Counter Appeal Memorandum against the Public Prosecutor’s Team’s Appeal Memorandum on Tuesday (14/4). In her Appeal Memorandum, the legal team outlined the grounds for appeal, stating there were oversights in the application of procedural law as well as errors and incompletenesses, because the decision was not considered based on “All Things Proven in the Trial and Did Not Properly Consider the Evidence”. One of Maya’s lawyers, Kresna Hutauruk, said that there was even evidence that did not belong to the defendant and was unrelated but was still submitted as evidence. “However, during the trial, that unrelated evidence was never shown or used in the proof, this fact shows that from the beginning, this prosecution was ‘strange and full of question marks’,” Kresna said in his statement on Tuesday. He explained that the trial facts clearly prove there was no malicious intent (mens rea), because Maya Kusmaya was only carrying out her duties as per the rules and the company clearly profited. Kresna emphasised that in this case, there is clearly no excess payment due to special treatment in the procurement of imported refinery products. “There was absolutely no special treatment. As for the sale of non-subsidised diesel, the defendant only signed the contract according to revenue authorisation, because price determination is still under the authority of officials below her,” he said. On the contrary, Kresna explained, during the trial it was revealed that the calculation of state financial loss was based on the bottom price estimate figure, so there is no actual state financial loss. The sale of non-subsidised diesel is the largest contributor to the company’s profits, reaching US$1.4 billion in 2022 and US$1.2 billion in 2023. It is known that Maya was sentenced to nine years in prison and a fine of Rp1 billion. That decision was handed down by the judge on 26 February.