The Attorney General’s Office (Kejagung) has named Yeka Hendra Fatika, a former member of the Ombudsman of the Republic of Indonesia for the 2021-2026 term, as a suspect in obstructing legal proceedings. Yeka is accused of hindering the investigation into alleged corruption related to the export of crude palm oil (CPO) in 2022.
This case originated from an investigation report by the Ombudsman concerning Ministry of Trade Regulation Number 8 of 2022, which stipulated policies for domestic export obligations specifically for CPO. The case was previously heard at the Central Jakarta District Court.
Syarief Sulaeman Nahdi, Director of Investigations at the Deputy Attorney General for Special Crimes Office, explained that the Ombudsman’s report ultimately led the Ministry of Trade to revoke Regulation No. 8 of 2022. Concurrently, this regulation served as the basis for the Attorney General’s Office to prosecute Wilmar Group, Musim Mas Group, and Permata Hijau Group. However, the Central Jakarta District Court acquitted these three companies at the time.
“The ruling from the Jakarta State Administrative Court was used in the defense notes of the three corporations, leading the panel of judges at the Central Jakarta District Court to issue a verdict of acquittal or ‘onslag’,” Syarief stated during a press conference at his office in Jakarta on Monday (25/5).
Subsequently, the Supreme Court declared Wilmar Group, Musim Mas Group, and Permata Hijau Group legally and convincingly guilty of corruption in the 2022 CPO export facilities case. The three companies were ordered to pay replacement damages amounting to IDR 17.7 trillion.
Syarief identified at least two unlawful acts committed by Yeka in this case. The first involves a shift in the examination focus. Syarief noted that Yeka initially conducted an investigation into the cooking oil shortage on March 24, 2022. However, Yeka allegedly redirected this investigation to focus on maladministration stemming from Ministry of Trade Regulation No. 8 of 2022. Consequently, the Ombudsman’s report compiled by Yeka was deemed the catalyst for the Ministry of Trade revoking the regulation concerning the domestic market obligation (DMO).
The second alleged unlawful act by Yeka was the dissemination of the investigation report to parties outside the government. Syarief explained that Yeka’s investigation was initiated independently, meaning the Ombudsman’s report should only have been submitted to the subject of the examination, which was the Ministry of Trade. However, Syarief found that Yeka unlawfully provided this report to the legal representatives of the three corporations, Marcella Santoso and the law firm Arianto Arnaldo Law Firm.
Therefore, Syarief concluded that the investigation report published by the Ombudsman was directly prepared by Yeka and that its creation was allegedly unlawful due to improper procedures.
Syarief indicated that Yeka’s designation as a suspect followed the examination of witnesses and the collection of evidence. One piece of evidence cited was a bank statement belonging to an individual close to Yeka, which reportedly demonstrated the flow of funds from Wilmar Group.
Consequently, Syarief charged Yeka under two articles pertaining to obstruction of legal proceedings: Article 20 of Law Number 31 of 1999 and Article 21 of Law Number 1 of 2023. Yeka faces a maximum prison sentence of 18 years and a fine of up to IDR 800 million.
“The suspect is currently being detained for the next 20 days at the Salemba Branch Detention Center of the Attorney General’s Office,” he added.
Summary
The Attorney General’s Office has named former Ombudsman member Yeka Hendra Fatika a suspect for obstructing a corruption investigation into crude palm oil exports. Yeka is accused of manipulating an official report to trigger the revocation of a trade regulation that served as the basis for prosecuting several major corporations. This interference initially contributed to the acquittal of three palm oil groups, though the Supreme Court later overturned that decision.
Investigators discovered that Yeka unlawfully shared confidential reports with corporate lawyers and shifted his investigation’s focus to favor the involved companies. Evidence against him includes bank statements showing suspicious fund transfers from one of the corporations to an individual close to him. He currently faces a maximum prison sentence of 18 years and remains in detention pending further legal action.
