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Novel Baswedan States Pertamina Case Lacks Mens Rea: Urges KY and Bawas MA to Examine Kerry's Report

| Source: VIVA Translated from Indonesian | Legal
Novel Baswedan States Pertamina Case Lacks Mens Rea: Urges KY and Bawas MA to Examine Kerry's Report
Image: VIVA

Former Corruption Eradication Commission (KPK) investigator Novel Baswedan has responded to the actions of PT Orbit Terminal Merak (OTM) beneficial owner Muhamad Kerry Adrianto Riza and his legal team, who reported four Jakarta Corruption Court judges to the Judicial Commission (KY) and the Supreme Court Supervisory Body (Bawas MA). The four judges—presiding judge Fajar Kusuma Aji, Khusnul Khatimah, Adek Nurhadi, and member judge Sigit Herman Binaji—were reported regarding the trial process in the alleged corruption case of oil and refinery product management at PT Pertamina. Consequently, only member judge Mulyono Dwi Purwanto was not reported by Kerry to the KY and Bawas MA. Novel stated that the public has so far focused on the panel’s decision imposing a 15-year prison sentence on Kerry Riza. However, the oil management case ensnaring Kerry Riza is highly intriguing. One aspect concerns the unusual application of Article 2 of the Corruption Eradication Law, as the evidentiary process showed no indication of malicious intent or mens rea. “Indeed, most people focus on the judge’s decision; in this case, it is interesting because the use of Article 2 of the Corruption Offences Eradication Law is unusual, as the evidentiary process does not show any mens rea,” Novel told reporters on Tuesday, 7 April 2026. One key point in Kerry’s camp’s report is that the four judges are considered to have ignored trial facts in their decision considerations. The four judges are assessed as merely following the indictment and demands prepared by the public prosecutors. Novel stated that this is outrageous. He urged the KY and Bawas MA to examine the allegations carefully. According to him, the four judges have committed a serious violation if proven to have ignored trial facts in making the decision. “In my view, this is indeed outrageous; therefore, it is important for the KY and Bawas MA to examine it carefully to see if it is true. If it is true, in my opinion, it constitutes a serious violation,” he said. Not only Kerry, but two other defendants in the Pertamina case—OTM President Director Gading Ramadhan Joedo and Commissioner of PT Jenggala Maritim Nusantara Dimas Werhaspati—have also taken similar steps.

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