Charged with Enriching Others, Tom Lembong Costs the State Rp 515.4 Billion

JAKARTA, KOMPAS - Former Minister of Trade Thomas Trikasih Lembong, also known as Tom Lembong, has been charged with enriching others, resulting in state losses amounting to Rp 515.4 billion. The man, who also once served as the Head of the Investment Coordinating Board, is alleged to have issued 21 import approval letters for raw crystal sugar, which was processed into white crystal sugar, to companies that were not entitled to them, namely private companies producing refined sugar.

The charges against Tom Lembong were read alternately by the public prosecutor team led by Sigit Sambodo during the inaugural trial at the Corruption Court of the Central Jakarta District Court, Jakarta, Thursday (6/3/2025). The trial was presided over by Chief Judge Dennie Arsan Fatika, accompanied by Purwanto S. Abdullah and Ali Muhtarom as associate judges.

The public prosecutor revealed that Tom Lembong had committed or participated in unlawful acts together with the Director of Business Development of PT Perusahaan Perdagangan Indonesia, Charles Sitorus. Tom was charged with acts of enriching himself, others, or a corporation.

There are 10 individuals alleged to have benefited in the corruption case related to sugar importation, namely Tonny Wijaya as President Director of PT Angels Product (Rp 144.1 billion); Wisnu Hendraningrat as President Director of PT Andalan Furnindo (Rp 41.8 billion); Hansen Setiawan as President Director of PT Sentra Usahatama Jaya (Rp 36.8 billion); and Indra Suryaningrat as President Director of PT Medan Sugar Industry (Rp 64.5 billion).

Next, Then Surianto Eka Prasetyo as Director of PT Makassar Tene (Rp 31.1 billion); Hendrogianto Antonio Tiwon as Director of PT Duta Sugar International (Rp 41.2 billion); Ali Sanjaya B as President Director of PT Kebun Tebu Mas (Rp 47.8 billion); Hans Falita Hutama as President Director of PT Berkah Manis Makmur (Rp 74.5 billion); Eka Sapanca as Director of PT Permata Dunia Sukses Utama (Rp 26.1 billion); and Ramakrishna Prasad Venkatesha Murthy through PT Dharmapala Usaha Sukses (Rp 5.9 billion).

Tom was accused of committing acts of enriching himself or another person or a corporation.

In his statement, the public prosecutor explained that Tom issued approval letters for the import of raw crystal sugar (GKM) for the 2015-2016 period to the private companies in question. These approvals were granted without being based on coordination meetings between ministries and without accompanying recommendations from the Ministry of Industry. There were 21 import approval letters for sugar that did not comply with the provisions of the legislation.

In addition, Tom also acknowledged nine private companies as importers of GKM producers to import GKM, which would later be processed into white crystal sugar (GKP). However, Tom was reportedly aware that these companies were not entitled to process GKM into GKP because they were refining sugar companies. Meanwhile, the processing of GKM into GKP was said to be carried out when domestic GKP production was sufficient and during the milling season.

Tom also assigned PT Perusahaan Perdagangan Indonesia (PPI) to procure GKP by cooperating with refined sugar producers. However, previously, the defendant Charles had agreed with nine private sugar companies to regulate the selling price of sugar from producers to PT PPI and the selling price from PT PPI to distributors, which price was set above the farmer's reference price (HPP).

Tom also did not control the distribution of sugar in order to form sugar stocks and stabilize sugar prices which should have been done by state-owned companies through market operations and/or cheap markets. In addition to not appointing state-owned companies, Tom instead appointed the Kartika Cooperative Parent, the Indonesian National Police Cooperative Parent, and the Republic of Indonesia Police Cooperative Center to hold market operations or cheap markets.

For his actions, Tom was charged with enriching another party which resulted in a state financial loss of IDR 515 billion from a total state loss of IDR 578 billion based on the Audit Report on the Calculation of State Financial Losses by the Financial and Development Supervisory Agency (BPKP).

The prosecutor charged Tom with Article 2 Paragraph (1) in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 Paragraph (1) point 1 of the Criminal Code or Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 Paragraph (1) point 1 of the Criminal Code.

Hearing the prosecutor's indictment, Tom admitted that he understood. Tom immediately opposed the prosecutor's indictment by filing an objection note as soon as the indictment was read. The objection note was read by Tom Lembong's legal advisor team.

It seems that Tom Lembong's attorney, Ari Yusuf Amir, said that the 2015-2016 Minister of Trade considered the Public Prosecutor's indictment to be incomplete, inaccurate and unclear (obscuur libel).

Tom Lembong requested that the indictment alleging state losses based on BPKP be declared null and void. Because, based on the report of the Audit Board of Indonesia (BPK), as an institution constitutionally authorized to calculate state financial losses, concluded that there were no state financial losses from sugar import activities at the Ministry of Trade based on the 2015-2017 BPK Report.

For that reason, his party requested that the Public Prosecutor's indictment be declared null and void by law. His party also requested the panel of judges to declare the public prosecutor's indictment inadmissible and to release the defendant from detention immediately after the interim decision was read.

After the objection note was read, Chief Justice Dennie Arsan Fatika gave the public prosecutor the opportunity to prepare a response to the exception. The next hearing will be held on Tuesday, March 11, 2025.