Melati Sevhia Lutfidha
Program Studi Ilmu Hukum, Universitas Muhammadiyah Sidoarjo

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Perpetrator Authority and State Losses Differentiate Subsidized Fuel Adulteration Criminal Qualifications: Kewenangan Pelaku dan Kerugian Negara Membedakan Kualifikasi Pidana Pengoplosan BBM Bersubsidi Melati Sevhia Lutfidha; Emy Rosnawati
Indonesian Journal of Law and Economics Review Vol. 21 No. 3 (2026): Agustus
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i3.1718

Abstract

General Background: Government fuel subsidies support economic stability and public purchasing power, yet distribution vulnerabilities frequently trigger illegal blending practices. Specific Background: Law enforcement against subsidized fuel adulteration in Indonesia applies different statutes, namely Law Number 22 of 2001 on Oil and Natural Gas as amended by Law Number 6 of 2023 and Law Number 31 of 1999 as amended by Law Number 20 of 2001 on the Eradication of Corruption Offenses. Knowledge Gap: Prior studies focused on sanction deterrence, distribution supervision, and transport misuse rather than normative comparisons of statutory qualifications across distinct perpetrator profiles. Aims: This study analyzes the legal application against subsidized fuel adulteration based on perpetrator characteristics, act characteristics, official authority, and legal consequences. Results: Using a normative legal method with a statutory approach analyzed deductively across two cases, findings show that physical blending of RON 90 Pertalite with illegal RON 87 gasoline by private gas station operators in Medan for personal gain without abuse of office constitutes an oil and gas offense under Article 55 of the Oil and Gas Law. Conversely, crude oil procurement manipulation and RON 92 blending with RON 90 at PT Pertamina Patra Niaga involving corporate officials who abused strategic authority and caused IDR 193.7 trillion in state financial losses fulfill corruption offense elements under Article 2 paragraph (1) and Article 3 of the Corruption Law. Novelty: This research establishes a comparative normative framework distinguishing general oil and gas crimes from corruption offenses across operational and corporate adulteration cases. Implications: Accurate statutory qualification ensures legal certainty and appropriate judicial jurisdiction between general courts and corruption courts. Highlights Private gas station operators mixing Pertalite with lower-octane gasoline for personal profit violate Article 55 of the Oil and Gas Law. Corporate executives manipulating crude oil imports and product specifications through abuse of office fulfill elements of the Corruption Eradication Law. Involvement of state budget allocations alongside official position determines whether cases proceed to general courts or corruption courts. Keywords: Subsidized Fuel Adulteration, Corruption Eradication Law, Oil And Gas Law, Abuse Of Authority, Law Enforcement