Read The Exception, Tom Lembong Kubu Calls The Prosecutor's Indictment A Form Of Legal Criminalization

Former Trade Minister Thomas Trikasih Lembong alias Tom Lembong after undergoing trial at the Jakarta Corruption Court, Thursday, March 6. (Rizky A-VOI)

JAKARTA - The attorney for Thomas Trikasih Lembong alias Tom Lembong, Ari Yusuf Amir, said that the indictment of the public prosecutor (JPU) against his client was unclear. In fact, it is considered a legal criminalization.

He made this statement when reading the exception or memorandum of objection in the trial of the alleged corruption case of sugar importation at the Ministry of Trade for the 2015'2016 period.

"What the prosecutor has indicted today can be called legal criminalization, especially related to the policies of the Minister of Trade," Ari said during a trial at the Jakarta Corruption Court, Thursday, March 6.

"If criminalization like this continues, then don't be surprised if legal uncertainty will arise, both what is happening today and in the next day. In fact, criminalization of this law will later be used as a tool to kill political opponents," he continued.

In addition, the prosecutor's indictment regarding state losses is also considered inaccurate. This is because it has neglected the status of PT PPI, which is a company with the status of a State-Owned Enterprise (BUMN).

"Those who have separated wealth from state finances so that the profits and losses experienced by SOEs are BUMN profits or losses as explained in Article 4B of Law 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003 concerning State-Owned Enterprises," he said.

In addition, the prosecutor is also considered inaccurate in calculating state financial losses because he has ignored Article 1 paragraph (2) of the Criminal Code (KUHP).

"The regulation explains that there is a change in the legislation after the act is carried out, so the defendant is applied to the most favorable provisions," he said.

On these several grounds, Ari asked the panel of judges to refuse or not accept all charges by the public prosecutor. Then, ordered Tom Lembong to be released from custody.

"Declaring that the indictment of the public prosecutor cannot be accepted, freeing the defendant from custody," said Ari.

As previously reported, Thomas Trikasih Lembong alias Tom Lembong was charged with causing state losses of Rp578 billion in the alleged corruption case of sugar importation at the Ministry of Trade for the 2015'2016 period.

The value of the state's losses was due to Tom Lembong's action in issuing a import permit for raw crystal sugar (GKM) to ten private companies.

"What caused state financial losses amounted to Rp515,408,740,970.36 which was part of the state financial loss amounting to Rp578,105,411,622.47," said the prosecutor

In this case, Tom Lembong is suspected of violating Article 2 paragraph (1) or Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) 1st of the Criminal Code.