One Judge Expresses Dissenting Opinion Regarding State Losses in the Crude Oil Case
Judge Mulyono stated his dissenting opinion during deliberations within the panel when sentencing in the corruption case concerning the management of crude oil. Judge Mulyono doubted the procedures, figures, and quality of the financial calculations related to state losses in this case.
“Based on the judge’s observations, expert witness testimony, and the documentary evidence presented in court, the four members of the panel doubt the procedures and the figures and quality of the financial calculations related to the state’s finances that occurred in this oil management case,” said Judge Mulyono while reading his dissenting opinion at the Jakarta Central Corruption Court, Friday (27/2/2026).
“This case in Indonesia is complex, involving international trade, and is a consequence of the unlawful acts committed by the defendants,” he added.
Judge Mulyono argued that a person can only be prosecuted if there is an element of illegality and a causal link between the perpetrator’s actions and the consequences. He likened state losses to rotten fruit.
“If there are state losses, is it like rotten fruit, does the tree that produced it also contain rot? Does the loss to a state-owned enterprise or state finances always result from unlawful acts? Not necessarily,” he said.
Judge Mulyono believes that what is clearly and currently possible is to first assess the truth and consequences of the unlawful act, namely the existence of state losses. He believes that there needs to be a binding operational guideline for legal experts and auditors to apply a tiered testing sequence.
“According to the fourth member of the panel, before there are state financial losses, there needs to be synchronisation between laws,” he said.
Judge Mulyono said that company losses resulting from business decisions should not be criminalised. However, if the business decision deviates and is made in bad faith, it must be addressed.
“Therefore, if there are reasonable business losses or even no real business losses, but there are company losses according to law enforcement, the business decision should not be criminalised, but if there are significant deviations and bad intentions, it must still be addressed,” he said.
The nine defendants in this case are:
Riva Siahaan (RS), former Director of PT Pertamina Patra Niaga,
Sani Dinar Saifuddin (SDS), former Director of Feedstock and Product Optimization at PT Kilang Pertamina Internasional,
Maya Kusmaya (MK), former Director of Marketing and Trading at PT Pertamina Patra Niaga,
Edward Corne (EC), former VP of Trading Operations at PT Pertamina Patra Niaga,
Yoki Firnandi (YF), former Director of PT Pertamina International Shipping,
Agus Purwono (AP), former VP of Feedstock Management at PT Kilang Pertamina Internasional,
Muhamad Kerry Adrianto Riza (MKAR), beneficial owner of PT Navigator Khatulistiwa,
Dimas Werhaspati (DW), Commissioner of PT Navigator Khatulistiwa and Commissioner of PT Jenggala Maritim,
Gading Ramadhan Joedo (GRJ), Commissioner of PT Jenggala Maritim and Director of PT Orbit Terminal Merak.
(mib/isa)