Kerry Riza Files a Petition for Review, Legal Counsel Says Judge's Decision Disregards Trial Facts

JAKARTA - The beneficial owner of PT Orbit Terminal Merah, Muhamad Kerry Adrianto Riza, filed a memorandum of appeal to the Jakarta High Court on March 12, 2026. This decision was taken because the Corruption Court's panel of judges ignored the facts revealed at the trial.

"As you brothers know, yesterday there was an opinion from 15 leading criminal experts in Indonesia from various leading universities in Indonesia and conveyed the same view, which in essence is also the same as the core we conveyed in this appeal," said Kerry's lawyer, Hamdan Zoelva, quoted on Friday, March 13.

Hamdan assessed that the consideration of the first-instance panel of judges more adopted the prosecutor's indictment and demands. One of the things that was highlighted was the consideration of the panel of judges regarding the fuel oil (BBM) tank owned by his client's company was not needed.

"The judge in his consideration, as well as in the demands and the indictment, the fuel tank belonging to OTM is not needed," he said.

In fact, at the trial, not a single witness stated that the tank was not needed. "We are reopening all the trial minutes," said Hamdan Zoelva.

Not only that, the testimony of witnesses at the trial actually showed the existence of the OTM fuel tank played a role in increasing Pertamina's operational reserves.

"At that time, from the testimony of the witnesses, Pertamina's operational reserves were only 17 to 18 days before OTM, before the OTM lease, only 17-18 days of reserves. Now it has reached 21-25 days, because there is an addition from OTM and some new tanks. Now the government has announced that it will invest again to add fuel tanks, for national fuel reserves," he explained.

"The question is, where is the logic of the panel of judges considering it is not needed? Who doesn't need it? The government needs it, Pertamina needs it, and all the witnesses don't say it's not needed. So you can imagine if it's not needed, it's not necessary for the government to build a new one," he continued.

Furthermore, Hamdan highlighted the direct appointment process in the procurement of the OTM terminal lease which had gone through the supervision of various state institutions such as the Financial and Development Supervisory Agency (BPKP) and the Corruption Eradication Commission (KPK).

"Then where did the assembly consider that the direct appointment with OTM was wrong and against the law? This is what I say is all supernatural consideration. Because supernatural is wrong," said Hamdan.

Finally, he highlighted the judge's consideration regarding the procurement of a ship owned by PT Jenggala Maritim Nusantara which was leased to PT Pertamina International Shipping.

"It is blamed because there are arrangements for flags, ship flags, in terms of renting ships so that foreign ships cannot. Why do you really like foreign ships? It's more expensive," he said.

"Is Pertamina to blame for holding the principle based on the shipping law which must obey what is called the cabotage principle? Then why is it blamed for something that is given according to the law, which Pertamina must obey according to the law? Why is it blamed? Where did the judge decide like that," he continued.

These various questions then became the basis for the objection of the legal advisory team to the decision of the first-instance panel of judges. Hamdan assessed that the panel of judges' consideration in the decision was not in line with the facts of the trial or the applicable legal provisions.

"These are simple questions for us to raise objections to the panel of judges' decision."