Judge: Permit To Import Crude Crystal Sugar Form Tom Lembong Is Inevitable

JAKARTA - The Panel of Judges at the Corruption Court (Tipikor) stated that the granting of import approval (PI) of raw crystal sugar (GKM) to be processed into white crystal sugar (GKP) was a form of inaccuracy of the Minister of Trade for the 2015 period 2016 Thomas Trikasih Lembong (Tom Lembong).

Alfis member Judge Setyawan believes that sugar imports in the form of GKMs are not appropriate to be implemented in the midst of insufficient sugar availability conditions and high sugar prices since the beginning of 2016.

"Imports should be carried out not only looking at the benefits of sugar factories but also paying attention to the community as the final consumer, including paying attention to the benefits for sugarcane farmers," said Hakim when reading the verdict at the Jakarta Corruption Court, Friday, July 18.

The judge explained that sugar is one of the basic needs, so referring to the provisions of Article 26 and Article 27 of Law (UU) Number 7 of 2014, the sugar imported should be of the GKP type so that it can be consumed directly by the public.

Meanwhile, it was stated that GKM does not include basic necessities, but is a raw material for producing basic necessities.

"This means that the granting of GKM import approval to become a GKP in the context of assigning market operations to PT PPI is an action that is contrary to Law Number 7 of 2014 concerning Trade," said Hakim.

In the case of corruption in sugar importation at the Ministry of Trade in 2015-2016, Tom Lembong was sentenced to 4 years and 6 months in prison after being found guilty of committing a criminal act of corruption, which cost the state finances Rp194.72 billion.

Tom Lembong's corruption crimes include issuing submission letters or approval of imports of raw crystal sugar for the 2015'2016 period to 10 companies without being based on inter-ministerial coordination meetings and without recommendations from the Ministry of Industry.

For his actions, Tom Lembong was also sentenced to a fine of Rp. 750 million, provided that if he was not paid, he would be replaced (subsidiary) with 6 months imprisonment.

Thus, Tom Lembong's actions have violated Article 2 paragraph (1) of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended and supplemented by Law Number 20 of 2001 in conjunction with Article 55 paragraph (1) of the 1st Criminal Code.

The verdict handed down by the Panel of Judges is lower than the prosecutor's demand, which is a prison sentence of 7 years. However, the fine imposed remains the same as the demand, which is Rp. 750 million, subsidiary to imprisonment for 6 months.