Tom Lembong's Verdict Widely Criticized, Central Jakarta District Court Opens Up

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TEMPO.CO, Jakarta - The Central Jakarta District Court has finally spoken following various criticisms regarding the 4.5-year prison sentence imposed by the Panel of Judges on the 2015-2016 Trade Minister, Thomas Trikasih Lembong or Tom Lembong last Friday, July 18, 2025.

The spokesman for the Central Jakarta District Court, Andi Saputra, stated that the verdict in the sugar import corruption case was purely based on legal facts. The Panel of Judges in the Corruption Court at the Central Jakarta District Court did not succumb to external influence or seek the truth outside the trial in delivering the verdict.

"Whether it's pressure, political issues, and so on, there is none. That is the most important thing, it is not based on intervention or other pressures," said Andi in a video statement in Jakarta on Monday, July 21, 2025, as quoted by Antara.

He hoped that the public would be patient as the legal process related to the Tom Lembong case is still ongoing, so that parties who are not satisfied with the panel of judges' decision can file an appeal.

In addressing various issues on social media and other media, Andi asked the public to read the entire content of the panel of judges' decision.

Thus, the public is expected not only to read the mitigating or aggravating considerations, but to read it in a balanced manner in order to understand the essence and reason why the decision was made.

"We thank you for all the criticisms. No matter how harsh the advice and input, it means many still care and love the court," he said.

In the case of alleged sugar import corruption at the Ministry of Trade in 2015-2016, Tom Lembong was sentenced to 4.5 years in prison after being found guilty of committing corruption, which caused state financial losses amounting to Rp 194.72 billion.

The corruption act committed by Tom Lembong included issuing approval for raw crystal sugar imports to 10 companies without the basis of inter-ministerial coordination meetings and without recommendations from the Ministry of Industry.

For his actions, Tom Lembong was also fined Rp 750 million, with a subsidiary penalty of 6 months' imprisonment.

Tom Lembong was found to have violated Article 2 paragraph (1) of Law Number 31 of 1999 concerning Corruption Eradication as amended and supplemented by Law Number 20 of 2001 juncto Article 55 paragraph (1) of the Criminal Code.

The sentence imposed by the Panel of Judges is lower than the prosecutors' demand, which was a 7-year prison sentence. However, the fine imposed remained the same as the demand, which was Rp 750 million with a subsidiary penalty of 6 months' imprisonment.

Various Criticisms

Legal and development observer from Airlangga University, Hardjuno Wiwoho, believes that the considerations of state losses in Tom Lembong's case should be more detailed and based on actual calculations.

"In the determination of existing losses, what emerges is just a snippet of theory and doctrine," said Hardjuno in a statement received in Jakarta on Monday.

He mentioned the reference to state loss considerations in Constitutional Court Decision Number 62/PUU-XI/2014, which stated that the finances of state-owned enterprises, including state finances, are indeed valid, but not sufficient as the sole basis for criminally charging someone.

In addition, Tom Lembong was found guilty of violating Article 2 paragraph (1) of the Corruption Eradication Law juncto Article 55 of the Criminal Code.

However, according to Hardjuno, there is a lack of in-depth argumentation regarding the proof of mens rea or malicious intent of Tom Lembong in the case. In modern criminal law, a person is punished when two elements are met, namely actus reus (wrongful act) and mens rea (malicious intent).

"If mens rea is not proven, the basis for sentencing becomes weak," he told Antara.

Academic and constitutional law expert, Bivitri Susanti, highlighted the anomalies in the verdict received by Tom Lembong because there were no benefits enjoyed.

"The ones who benefited are people he doesn't even know personally," said Bivitri Susanti to Tempo on Monday, July 21, 2025.

In the decision of the Corruption Court Panel of Judges in Jakarta, it was stated that Tom Lembong had no malicious intent and did not receive personal gain from the sugar import policy.

Bivitri also questioned why the panel of judges still imposed a prison sentence on Tom Lembong. "What was decided is truly a policy. Because it turned out in court that he did not have very technical authority," said Bivitri.

Tom Lembong's Appeal

Tom Lembong's legal advisor, Ari Yusuf Amir, stated that his client would file an appeal against the verdict imposed by the Panel of Judges.

"We will file an appeal on Tuesday. One day of punishment, Mr. Tom will appeal," said Ari to reporters in Jakarta on Monday.

According to Ari, one thing to note regarding Tom Lembong's verdict is the lack of mens rea (malicious intent).

He argued that the lack of detailed explanation regarding mens rea indicated anomalies, doubts, and uncertainties by the Panel of Judges in delivering the decision, so if considering the principle of in dubio pro reo, Tom Lembong should have been acquitted.

This principle is a legal principle stating that if there is doubt in proving a criminal case, the doubt must be considered in favor of the defendant.

In addition, another thing to note is the calculation of the Financial and Development Supervisory Agency (BPKP) because ultimately, the panel of judges calculated state financial losses, so all audit results were refuted.

"The panel's considerations also describe the potential loss, by considering the profits that should have been obtained by state-owned enterprises or PT PPI," he said.

Meanwhile, the Attorney General's Office stated that the public prosecutor is currently considering whether to appeal the 4.5-year prison sentence for Tom Lembong.

"We declare that we will consider it within seven days while waiting for the complete copy of the panel of judges' decision," said the Head of the Legal Information Center at the Attorney General's Office, Anang Supriatna, in Jakarta, on Sunday.

The spokesman also stated that the prosecutors respect the decision handed down by the panel of judges of the Central Jakarta Corruption Court.

M Raihan Muzakki contributed to the writing of this article.

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