Medan Court Grants Judicial Pardon to Two Defendants in Subsidised Fuel Case

The Medan District Court in North Sumatra has applied a judicial pardon to two defendants in a case involving the misuse of subsidised fuel, sparing them from a prison sentence despite being found guilty. Presiding Judge Efrata Happy Tarigan stated that defendants Aziz Apandi Silalahi, a worker at the Simpang Pos public fuel station (SPBU), and Ranning Alamer Mulsim Cibro, a buyer, were proven to have committed a criminal act as charged in the first alternative indictment. However, citing Article 54 paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code, the panel of judges granted them a judicial pardon, meaning no punishment was imposed.

The court found that the defendants’ actions violated Article 55 of Law Number 22 of 2001 on Oil and Gas, as amended, in conjunction with the Criminal Code. In its considerations, the panel noted that the offence was committed during a period of fuel scarcity and contravened the government’s subsidised fuel distribution programme. Mitigating factors included the defendants’ clean criminal records, their admission of guilt, polite behaviour during the trial, a promise not to reoffend, and their relatively young age. The panel rejected the defence lawyers’ request for a full acquittal or release from all legal charges.

The case began when the two defendants were arrested by Medan Police on 6 January 2026 for conducting a transaction involving subsidised Pertalite fuel using jerry cans at the Simpang Pos fuel station. Prosecutors had previously demanded a prison sentence of five months and five days for each defendant. Both the defendants and prosecutors have seven days to decide whether to accept the verdict or file an appeal.