High Court Increases Kerry Riza's Sentence to 15 Years and Rp13.4 Trillion in Restitution
The Jakarta High Court has handed down a heavier sentence to corruption defendant Muhamad Kerry Adrianto Riza, who was convicted in a case involving the fulfilment of coal supply obligations for PT Perusahaan Listrik Negara (PLN) (Persero) by PT Bukit Asam (PTBA) Tbk. In its appellate ruling, the panel of judges sentenced him to 15 years in prison and ordered him to pay restitution for state financial and economic losses totalling Rp13.4 trillion.
Public Prosecutor Pardede confirmed receipt of the appeal ruling from the Jakarta High Court. The prosecution welcomed the judges’ decision, viewing it as accommodating the essence of the prosecutor’s demands, particularly regarding the restoration of the state’s economic losses. Pardede stated that the appellate judges shared the same vision in combating corruption, especially concerning the massive economic losses in this case.
In its ruling, the Jakarta High Court panel accepted the appeals filed by both the prosecution and the defendant. The judges amended the earlier decision by the Corruption Court at the Central Jakarta District Court, specifically regarding the length of imprisonment and the amount of restitution. Kerry was found legally and convincingly guilty of committing corruption as stipulated in the prosecutor’s primary charge.
Besides the 15-year prison sentence, reduced by time already served in detention, Kerry was also fined Rp500 million. If the fine is not paid, it will be replaced by 190 days of confinement. The most crucial point of the appellate ruling lies in the additional penalty of restitution. Kerry is required to pay restitution for state financial losses amounting to Rp2.9 trillion. Furthermore, the judges also imposed a recovery payment for the damage to the national economy, totalling a staggering Rp10.5 trillion. The ruling states that if the defendant fails to pay the restitution within one month after the verdict becomes legally binding, the prosecutor may seize and auction his assets. Should his assets be insufficient to cover the total restitution, the shortfall will be replaced by 10 years’ imprisonment.
The case against Kerry stemmed from an intensive investigation into collusion regarding the fulfilment of coal obligations for PLN from Bukit Asam for the 2019-2021 period. Kerry, acting as a Director of PT Sriwijaya Mandiri Sumsel and a link in the commodity supply chain, was found to have engaged in manipulation and abuse of authority. The modus operandi included arranging supply quotas, marking up transport costs, and diverting the Domestic Market Obligation for coal, which harmed the national energy supply and caused enormous state losses.
Previously, at the first-instance trial at the Central Jakarta District Court, the panel of judges handed down a lighter sentence. Kerry was sentenced to 11 years in prison and ordered to pay restitution far below the amount demanded by the prosecutors. The differing views on calculating the state’s economic losses at the first-instance level prompted the prosecution to appeal directly to the High Court. Despite the appeal ruling reinforcing the prosecutor’s primary charge, Pardede stressed that the legal status of this case is not yet legally binding. Both the prosecution and the defendant have 14 days to consider their next legal steps, including whether to accept the verdict or file a cassation appeal to the Supreme Court.