Kerry Riza Files Appeal, Legal Counsel Criticizes PT DKI's Decision to Add Rp10.5 Trillion in Compensation

The defendant in the alleged corruption case of crude oil and refinery products management, Muhamad Kerry Adrianto Riza / DOK ANTARA FOTO / Sulthony Hasanuddin / nz

JAKARTA - The beneficial owner of PT Orbit Terminal Merak (OTM), Muhamad Kerry Adrianto Riza, has filed an appeal to the Supreme Court (MA). This process was carried out after the DKI Jakarta High Court (PT) increased the penalty for compensation in the alleged corruption case of oil and refinery products management.

Kerry Riza's lawyer, Heru Widodo, said his party found many irregularities after studying a copy of the appeal decision. PT DKI added the obligation of compensation money that Kerry Riza had to pay to Rp. 13.4 trillion or increased by Rp. 10.5 trillion from the decision of the Central Jakarta Corruption Court of Rp. 2.9 trillion.

"So we, after reading the deliberation of the panel, then received a copy, there are many things that we feel are more awkward than the decision of the Central Jakarta Corruption Court," said Heru in a press conference in Jakarta, Friday, June 26.

According to Heru, the irregularities were not merely a matter of consideration by the judge but concerned the application of the law which was considered wrong. So the cassation was filed by his client.

"After we studied, yes, of course because it is not just awkward, but there are many mistakes in the application of the law, then our client, MKAR (Muhamad Kerry Adrianto Riza) has declared cassation on Monday last. Monday, June 22, 2026," he said.

Heru said his client felt unfairly treated because the appeal ruling increased the compensation to Rp10.5 trillion.

"So, that's why we keep saying here that because justice never lies. So, if we listen to the reading of the verdict, then to the amar, yes, there is an additional Rp. 10.5 trillion," he explained.

In addition to questioning the amount of compensation, Heru considered that the appeal examination process also violated the provisions of the procedural law. According to Heru, the PT DKI panel of judges accepted the prosecutor's appeal memo, which was submitted beyond the seven-day deadline as stipulated in the Criminal Procedure Code.

"If at the entrance the high judge has injured the rules of the game, he has denied the law of procedure, we are certainly worried that the next games will deviate a lot from the rules," he said.

Heru also highlighted the use of the results of the Financial Audit Investigation (BPK) as the basis for the decision. According to him, the audit only covers the period from 2018 to 2023, while the legal events in question took place from 2014 to 2024.

"Where is it real and certainly if the results of the BPK investigation audit are only limited to the period 2018 to 2023, while the legal events, yes, which are declared to be detrimental to state finances, well, that took place before. Of course it is not covered. This is what formally should not be used. It cannot be used, even though the judge uses the presumption of rekhmatik, then the audits that do not cover the period 2018 to 2023, according to reasonable reasoning, it is not real and certain because it is not included in the count," he explained.

In addition, Heru assessed that the panel of judges never tested the material allegation of the high price and the total loss calculation method in the rental of the Merak Fuel Terminal.

"But the high court swallowed it raw. The results of the BPK investigation audit were used immediately, regardless of whether it was true or not," said Heru.

Heru also questioned the basis of the judge stating that there was a total loss. Because, the Merak Fuel Terminal is still being used by Pertamina.

"If there is no Merak fuel terminal for storage, the price of fuel will have gone up a long time ago," said the lawyer.

Heru also criticized the use of the analysis of the state's economic losses compiled by the NGO Siar Nusantara as the basis for the judge's consideration. The institution is said to be unauthorized as the BPK.

"So according to us, yes, this Siar is not authorized to declare or declare that there is a loss of the country's economy. But this, yes, the injustice is actually used by the appellate panel to establish a loss of the country's economy," he said.

He assessed that the use of the analysis was detrimental to his client because the calculation of losses was based only on estimates. Moreover, the Siar Nusantara report never mentioned that Kerry Riza had to be responsible for the replacement money of Rp. 10.5 trillion.

"Where? Just renting a boat is not up to Rp. 1 trillion, not that much. The loss of the country's economy is very unreasonable. Yes. Because of this, we will certainly never be able to accept with such considerations," he said.

"Then, even for the rental of ships, this is only a contract from 2023 to 2024, while the CR calculation results are only up to 2020-2023. This is certainly very unreasonable for us. Charging the loss of the national economy, which is not counted in that period," continued Heru.

Heru said the report was actually compiled to analyze alleged violations of Permen ESDM Number 42 of 2018 and Permen ESDM Number 18 of 2021. However, later it was actually used as a basis in the criminal process against his client.

"There are limits, it turns out the results of the analysis. How is this used for other activities, to impose obligations for other activities. This is very, very unreasonable," he concluded.