Tom Lembong Sentenced to 4.5 Years in Prison for Disobeying Rules and Enriching Others

JAKARTA, KOMPAS — Former Minister of Trade Thomas Trikasih Lembong, a defendant in the alleged corruption case involving the import of raw crystal sugar processed into white crystal sugar to unauthorized companies, was sentenced on Friday (18/7/2025) to four years and six months, or 4.5 years in prison. Thomas Trikasih Lembong, also known as Tom Lembong, was additionally fined Rp 750 million, with a subsidiary sentence of six months in prison.

The sentence is lighter than the prosecutor's demand of 7 years. In addition, regarding state losses, the panel of judges believes that the proven state loss from this case is Rp 194.71 billion. This figure is lower than the prosecutor's calculation of Rp 320.69 billion.

In the trial held at the Jakarta Corruption Court on Friday, the panel of judges led by Dennie Arsan Fatrika stated that Tom Lembong was proven to have violated regulations and enriched others or corporations.

"To adjudicate, it is declared that the defendant Thomas Trikasih Lembong has been proven legally and convincingly guilty of committing corruption offenses in collaboration as per the primary indictment," said Chief Judge Dennie Arsan Fatrika while reading the verdict.

According to the considerations of the panel of judges, the actions of Tom Lembong have fulfilled all elements in the indictment under Article 2 or Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes in conjunction with Article 55 paragraph (1) number 1 of the Criminal Code.

In its explanation, the panel of judges stated that the series of actions taken by the defendant fulfilled all elements of the corruption offense. Therefore, the judge concluded that the policies implemented by Tom Lembong fundamentally violated several regulations, ranging from Law No. 7 of 2014 on Trade to the applicable Presidential Regulations and Ministerial Regulations on Trade.

The essence of the violation lies in the actions of the defendant, who disregarded the role of State-Owned Enterprises (BUMN), which should serve as a state instrument for stabilizing sugar prices. On the contrary, the defendant granted permission to private corporations to import raw crystal sugar for processing into white crystal sugar.

The defendant was also deemed not to have placed the law as the commander in every policy decision he made.

"The defendant, as a minister, should control prices and distribution by appointing state-owned enterprises. Granting import approvals to private entities is a contradiction to the regulations," the judges stated in turn.

The judge also assessed that the defendant was not diligent in carrying out his duties. It was evident that the market operation conducted failed to stabilize the price of sugar in accordance with the target set by the defendant himself, which was Rp 12,540 per kilogram. Court facts indicated that the price of sugar in January 2016 still ranged between Rp 13,037 and Rp 13,149 per kg, and did not show a significant decrease in the following month.

This failure, according to the judge, was also exacerbated by the defendant's lack of adequate supervision over the implementation of the permits that had been issued. Supervision was also not conducted when there were indications of affiliate relationships among the licensed companies that could potentially lead to collusion.

The panel of judges stated that the actions of the defendant have been proven to enrich nine individuals who are executives of private corporations, namely Tonny Wijaya NG (PT Angels Products), Wisnu Hendraningrat (PT Andalan Furnindo), Hansen Setiawan (PT Sentra Usahatama Jaya), Indra Suryaningrat (PT Medan Sugar Industry), and Then Surianto Eka Prasetyo (PT Makassar Tene).

The judge rejected the component of the calculation of state losses derived from the potential loss of import duties amounting to Rp 320.69 billion, as the calculation was deemed unrealistic and uncertain.

In addition, the following individuals were also enriched: Hendrogianto Antonio Tiwon (PT Duta Sugar Internasional), Ali Sanjaya B (PT Kebun Tebu Mas), Hans Falita Hutama (PT Berkah Manis Makmur), and Eka Sapanca (PT Permata Dunia Sukses Utama).

The panel of judges clearly outlined that the actions of the defendant have resulted in the transfer of profits amounting to Rp 194,718,181,818.19 (Rp 194.71 billion), which should have been the state's entitlement through PT PPI (Persero).

Nevertheless, the panel of judges did not agree with the total state losses proposed by the prosecutor. The judges rejected the component of the state loss calculation derived from the potential loss of import duties amounting to Rp 320.69 billion, as the calculation was deemed unrealistic and uncertain. The judges only acknowledged the real and proven state loss amounting to Rp 194.71 billion.

In addition, the panel of judges specifically highlighted several factors that aggravated the decision. As a high-ranking official holding governmental power, the defendant's actions were deemed to prioritize capitalist economic principles over the economic democracy mandated by Pancasila.

"The defendant was also deemed not to have placed the law as the commander in every policy decision he made," said the judge.

Meanwhile, a mitigating factor for the defendant is their courteous behavior during the trial. The defendant has also never been convicted and has not been proven to personally benefit from the proceeds of the corrupt act.

In response to the judge's decision, Tom Lembong stated that he would consider the matter further before determining the next steps regarding the appeal or accepting the verdict. "Your Honor, we certainly need time to consult with our legal advisors," said Tom Lembong.

Similarly, the public prosecutor also stated that they would take time to consider. This means that each party has seven days to determine their stance.