Tom Lembong's Self-Defense, from the Prosecutor's Office to the Court

After the indictment was read, former Minister of Trade Thomas Trikasih Lembong, also known as Tom Lembong, immediately requested the panel of judges to be given the opportunity to present a defense statement or objection. In his defense, Tom Lembong claimed that he had been forced to take responsibility for unlawful actions committed by others.

Dressed in dark attire, Tom Lembong attended the indictment reading session at the Jakarta Corruption Court on Thursday (6/3/2025). The session was presided over by Chief Judge Dennie Arsan Fatrika. Tom's defense statement was read by the legal advisory team led by Ari Yusuf Amir.

Prosecutors accused Tom Lembong of enriching others, resulting in state losses amounting to Rp 515.4 billion. Ten individuals were mentioned as having been enriched by Tom Lembong through the issuance of 21 import approval letters for raw crystal sugar, which was processed into white crystal sugar. They are executives of private companies producing refined sugar who were not entitled to import raw crystal sugar.

In his defense, Tom Lembong considered the public prosecutor's indictment unclear, inaccurate, incomplete. Tom felt he had been forced to take responsibility for the legal actions of others (error in persona).

"Truly, we are disheartened; our client is accused of corruption, while the public prosecutor cannot prove even a single rupiah of funds flowing to our client, either directly or indirectly," said Ari.

From the entirety of the defense, Tom Lembong's legal counsel requested the panel of judges to declare the prosecutor's indictment letter as being drafted inaccurately, unclearly, and incompletely, and to rule the indictment null and void by law. The legal counsel also requested the panel of judges to release Tom from detention.

After being named a suspect on October 29, 2024, and brought to trial last Thursday, Tom Lembong did not remain passive. One of the actions he took was filing a pretrial motion at the South Jakarta District Court.

Truly, we are disheartened; our client is accused of corruption, while the public prosecutor cannot prove even a single rupiah of funds flowing to our client.

In his application, Tom through his attorney argued that the determination of him as a suspect was invalid. Tom argued that when he was determined as a suspect, he was not given the opportunity to appoint a legal advisor. In addition, his determination as a suspect was considered not based on two pieces of evidence. The suspect status was also considered to have been determined arbitrarily.

In addition, because Tom Lembong has not served as Minister of Trade since 2016, other Ministers of Trade should also be investigated in the case. Another argument that Tom also put forward was that the detention process did not meet subjective and objective requirements.

Tom's attorney, Ari Yusuf, stated that the evidence related to the determination of Tom Lembong as a suspect should have been conveyed to the public transparently. This is because the public was only informed that Tom Lembong was involved in a sugar corruption crime at the Ministry of Trade for the 2015-2023 period.

If the investigation period is until 2023, the Attorney General's Office (Kejagung) should also examine all trade ministers during that period. However, only Tom Lembong was examined. In fact, Tom Lembong served as minister only from August 2015 to July 2016

However, the sole judge of the South Jakarta District Court, Tumpanuli Marbun, rejected all pretrial motions filed by Tom Lembong. Tom Lembong also admitted to being disappointed because his pretrial motion was rejected by the South Jakarta District Court judge.

"Of course we are disappointed with the decision of the South Jakarta District Court, rejecting our pre-trial lawsuit," he wrote on his personal Instagram, @tomlembong.

While being detained as a suspect, Tom communicated with the "outside world" several times and expressed his thoughts through his Instagram account. It was on his social media account that Tom Lembong expressed what he felt and thought in the form of letters.

About a week after being named a suspect and detained, for example, Tom admitted that he tried to be cooperative, positive, and conducive to help reveal the truth and uphold justice. Tom said he still believes that many prosecutors and prosecutors are working hard professionally.

However, in mid-November 2024, in another letter, Tom detailed the legal process he had undergone. Tom admitted that he was summoned four times by the Attorney General's Office throughout October 2024 to provide testimony as a witness.

On each occasion, Tom claimed not to ask for legal counsel because there was no indication that he was suspected of being involved in the case. However, on the fourth examination, Tom was not allowed to go home and waited for about 3 hours in the examination room. Then in the evening, around 19:00, the investigator informed him that Tom had been named a suspect.

"Of course I was quite shocked because with every testimony I gave, I became more convinced that I had done nothing wrong," as quoted from Tom Lembong's letter.

In a letter dated December 9, 2024, right on World Anti-Corruption Day, Tom expressed his belief in helping to build an Indonesia free from corruption. He also expressed the view that he was too innocent, naive, and too trusting of people. However, Tom said that he had always put his trust in the Indonesian nation.

The following day, on Human Rights Day, which is celebrated every December 10, Tom expressed his longing for the freedoms he said had been taken from him. "I will remain loyal to the people's line, especially the oppressed and marginalized," he said.

Now, Tom must face trial. The defense note submitted is an attempt to provide resistance to the charges filed.

After the trial, Tom Lembong also gave a statement saying that the indictment against him did not reflect the reality that occurred at the time the case was taking place. Tom also said that the state's losses in the case were unclear.

"In this case, I hope that the prosecutor's office will be as transparent as possible regarding the issue of state losses," he said.

However, currently there is no choice for Tom Lembong but to face the trial. After the prosecutor reads the indictment and Tom Lembong delivers a defense note, the panel of judges will give their assessment. It is possible that the panel of judges will later grant Tom Lembong's defense note. However, it is also possible that the panel of judges will reject Tom Lembong's exception. If that happens, will Tom Lembong dare to be open about the raw sugar import permit? Let's just wait and see.