JAKARTA The verdict of the Corruption Court Judge (Tipikor) who sentenced former Trade Minister Tom Lembong to 4 years and 6 months in prison in the case of importing raw crystal sugar has become controversial. Why is it difficult for the public to accept the sentence against Tom Lembong?
"To declare the defendant, Thomas Trikasih Lembong has been legally and convincingly proven guilty of committing a criminal act of corruption together, as stated in the primary indictment," said the statement by the Chief Justice of the Corruption Court (Tipikor), Dennie Arsan Fatrix, Friday (18/7).
In addition, the court also imposed a fine of Rp. 750 million, subsidiary to six months in prison. What if the fine is not paid, it will be replaced with imprisonment for six months.
This verdict is lower than the demands of the public prosecutor. In early July, Tom Lembong was sentenced to seven years in prison, because the prosecutor believed he was guilty in a corruption case of sugar imports at the Ministry of Trade.
However, the judge's decision against Tom Lembong became the subject of widespread public talks. Some people suspect that this case is politically motivated, while others consider the Tom Lembong judicial process to be deviant.
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The Attorney General's Office named Tom Lembong as a suspect in this case at the end of October 2024. The Prosecutor's Office immediately detained him at the Salemba Rutan at the South Jakarta District Attorney branch.
This case itself centers on the issuance of an Import Approval Letter (SPI) of raw crystal sugar (GKM) in the 2015-2016 period. At that time Tom Lembong served as Minister of Trade.
Prosecutors accused Tom of granting import permits to 10 private companies, including PT Angels Products, without technical recommendations from the Ministry of Agriculture or other institutions authorized to carry out the calculation of the balance sheet for sugar needs. There is no additional coordination meeting, and there is no written policy justification that states a significant change in the national sugar balance sheet.
This policy is said to have violated the Regulation of the Minister of Trade Number 14 of 2020 and the Decree of the Minister of Industry and Trade No. 527 of 2004, which states that sugar imports should be carried out by SOEs, not the private sector.
The prosecutor also said that the policy cost the state up to Rp578 billion, based on the calculation of the Financial and Development Supervisory Agency (BPKP).
Member judge Alfis Setiawan in the trial said Tom Lembong seemed to prioritize the capitalized economy more than the economic democratic system and the Pancasila economic system based on the 1945 Constitution which prioritizes general equality and social justice. However, according to criminal law observer Masykur Isnan, this is very irrelevant and is not a realm of legal consideration.
He also added that the sentence of 4.5 years in prison against Tom Lembong was unfair and fled for several reasons. First, said Masykur Isnan, Tom Lembong at that time served as Minister of Trade only as executor or subordinate who carried out orders.
"On the other hand, the party who gave the order has not yet been touched by the legal process," Masykur Isnan told VOI.
As is known, Tom Lembong served as Minister of Trade in 2015-2016 under the leadership of the 7th President Joko Widodo (Jokowi).
Second, in the decision, the judge did not find evidence of a criminal intent for personal gain. In addition, Tom Lembong is also not required to pay replacement money because he is considered not to enjoy the personal benefits of the sugar import case.
"Tidak terbuktinyamens rea atau niat jahat untuk kepentingan pribadi yang perlu menjadi perhatian utama dalam tindak pidana korupsi," ujar Masykur Isnan menjelaskan.
Researcher from the Center for Anti-Corruption Studies (SAKSI) Mulawarman University, Herdiansyah Hamzah, assessed that Tom Lembong's 4.5-year prison sentence, which is considered controversial, could raise public questions as well as anxiety about the justice system in Indonesia.
"I am worried that there will be a kind of public distrust of the justice system if a similar problem continues to be carried out in a judicial mechanism that shows injustice and at the same time seems to force this case to arise against Tom Lembong," he said.
One aspect that made this verdict controversial was the strong suspicion of political motives. Tom Lembong was once close to Jokowi even when he was still at the DKI Jakarta City Hall in 2013. At that time he was an economic advisor and author of Jokowi's speech with the status of Governor of DKI.
It was also Tom Lembong who reportedly compiled several well-known Jokowi speeches, "Winter is Coming" in 2018, which reminded the public of the TV Game of Thrones series.
But their relationship did not continue when Jokowi started his presidency in the second term. Since October 2019, Tom Lembong has no longer sat in the cabinet or led a state institution.
The 54-year-old man then joined the winning team of Anies Baswedan. Anies is Prabowo's strong opponent who ran as a candidate accompanied by Jokowi's eldest son, Gibran Rakabuming Raka in the 2024 Presidential Election.
One of Tom Lembong's legal team members, Ari Yusuf Amir, stated that his party would still consider the next step, but the appeal option was a priority.
Criminal law observer Masykur Isnan assessed that appealing to the Judicial Commission was a priority legal effort for Tom Lembong. Moreover, he considered that there were indications of the judge's unprofessionalism.
"It is necessary to mitigate in the future the judges in relation to indications of politicization in the legal process, neglect of the principles and the subtractable rule of law," said Masykur.
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