JAKARTA, Literasi Hukum – The panel of judges at the Jakarta Central Corruption Court still handed down a verdict of 9 years in prison to the former President Director of PT Pertamina Patra Niaga Riva Siahaan in the corruption case concerning the governance of crude oil and refinery products for the period 2018–2023, even though the court stated that there were no legal facts indicating that Riva benefited from the proceeds of corruption.

The verdict also answered a public question: why the defendant was still punished despite not being ordered to pay restitution. According to the panel, elements of a criminal act of corruption can be proven through unlawful acts/abuse of authority that caused state losses, and it does not always have to be proven that the defendant directly received money.

Judges' Basis: Unlawful Acts Causing State Losses

In the considerations of the verdict summarized by Detik, the panel of judges assessed that Riva provided preferential treatment to certain companies in the procurement of imported refinery products, including the alleged provision of leaked HPS (Owner's Estimate) so that the partners could adjust their bids and win the auction.

The panel also stated that state financial losses were proven based on the investigative audit report by BPK. The total losses considered by the panel in this case were stated to reach approximately IDR 9.4 trillion.