The Calculation Of State Losses In The Tom Lembong Case Is Considered Wrong By Academics

The calculation of state losses carried out by the Financial and Development Supervisory Agency (BPKP) in the case of sugar imports that dragged the name Thomas Trikasih Lembong or Tom Lembong was considered wrong.

University of Indonesia's Faculty of Economics and Business lecturer, Vid Adrison, assessed that the calculation based on the difference in import rates and the purchase of sugar above the Farmers' Basic Price (HPP) has been economically misleading. He also considers this method to be contrary to basic economic logic.

Moreover, BPKP said the state should receive greater acceptance if the sugar imported is White Sugar (GKP) instead of Crude Crystal Sugar (GKM) as reported. So, there should be no state losses.

"The goods have been released from the port without a rebuttal from Customs and there are no administrative sanctions against importers," Vid Adrison said in his statement, Thursday, June 26.

According to him, there are only two incidents that could cause a shortage of state revenues in the context of imports, namely product misclassification and under-invoicing. However, neither of them occurred in Tom Lembong's sugar import activities.

Vid said that BPKP should use a method that compares GKM import duties and what should be received from GKP imports is not related.

If there are indeed violations such as misclassification, importers just have to pay for the lack of import duties in accordance with Article 82 of the Customs Law. But in this case, there are no violations. Claims of baseless state losses," said Vid.

Vid, who was also an expert in mitigating Tom Lembong at the trial on Tuesday, June 24, 2025, explained that sugar is physically easy to recognize.

"Public customs officers can definitely distinguish GKM from GKP. In addition, global reference prices are available openly. Systemic misclassification cannot occur without the authority knowing," he added.

In the macroeconomic aspect, Vid conveyed important findings, namely the economic model, which actually shows that the GKM import policy to be processed into GKP has made a positive contribution to the national economy worth Rp 901 billion.

This finding is very contrary to the indictment of the Prosecutor's Office which states that Indonesia should import GKP directly.

"If that logic is justified, then all factories should be closed. Why produce if it is considered more profitable for importing finished goods? In fact, from the processing of raw materials, added value, employment, and taxes emerged," said Vid.

Furthermore, he also highlighted the fatal error in the way the Prosecutor's Office interpreted HPP. According to him, HPP is determined to protect farmers, not as the maximum selling price for the final product.

After sugar cane is processed into sugar, the factory will naturally add components of production, distribution, and profit margin costs.

Logikanya sama seperti UMR. Kalau UMR Rp 5 juta lalu ada perusahaan membayar Rp 6 juta, itu bukan pelanggaran. Justru sehat. Begitu juga dengan HPP. Kalau harga jual di atas HPP, itu wajar," ujarnya.

Vid considers the legal approach in this case as a bad precedent, both for the business climate and the national economy. Mistakes in calculating state losses can have systemic consequences.

"Farmers cannot sell crops, industries stop producing, workers lose their jobs, and sugar prices soar. If this kind of approach continues to be used, then it is not only one person who is affected, but the entire national economic system," he concluded.