Medan court grants judge's pardon to two in subsidized fuel misuse case

In a notable decision, the Medan District Court in North Sumatra has granted a judge's pardon to two individuals found guilty of misusing subsidized fuel. The court applied the 'rechterlijk pardon' provision, meaning that despite being proven guilty, the defendants will not be subjected to criminal punishment.

The two defendants, Aziz Apandi Silalahi, a worker at the Simpang Pos gas station in Medan, and Ranning Alamer Mulsim Cibro, a buyer of the fuel, were found to have committed criminal acts related to the misuse of Pertalite, a subsidized fuel type. The court's decision was based on Article 54 paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code.

Presiding Judge Efrata Happy Tarigan stated that the defendants' actions met the elements of Article 55 of Law Number 22 of 2001 concerning Oil and Gas, as amended. While the judge's panel acknowledged that the defendants' actions went against the government's program for distributing subsidized fuel, especially during a shortage, several mitigating factors were considered. These included the defendants having no prior criminal record, admitting their wrongdoing, behaving respectfully during the trial, promising not to repeat their actions, and being young.

The judge's panel did not agree with the defense lawyers' request for the defendants to be acquitted entirely. Both the defendants and the prosecutor's office have seven days to decide whether to accept the verdict or file an appeal. Previously, the prosecutor had sought a five-month and five-day prison sentence for each defendant.