The Attorney General's Office Explains The Determination Of Suspect Tom Lembong: Don't Have To Accept Fund Flows

Former Minister of Trade (Mendag) Thomas Trikasih Lembong alias Tom Lembong was detained by the AGO (Ist)

The Attorney General's Office (AGO) has stated that someone who is named a suspect in a corruption case does not have to receive a flow of funds.

This was conveyed in response to the assumption that the former Minister of Trade (Mendag) Thomas Trikasih Lembong alias Tom Lembong as a suspect seemed to be in a hurry.

"Yes, this is what we are investigating, because to determine as a suspect, it doesn't have to be that someone gets a flow of funds," said the Director of Investigation at the Deputy Attorney General for Special Crimes (Jampidsus) at the AGO, Abdul Qohar, quoted on Friday, November 1.

The reason is that Article 2 of the Corruption Crime Law (tipikor) states that parties who enrich themselves, others, and corporations that cause state losses can be threatened with criminal penalties for suspects.

Even in Article 3 it is also mentioned that abuse of authority, opportunity, facilities, or positions, to enrich oneself, others, or corporations, can be punished.

"This means that in these 2 articles, a person does not have to benefit. When fulfilling the element that he is benefiting others or corporations, as a result of unlawful acts, due to acts of abusing the authority that exists to him, because of his position, he can be held criminally responsible," explained Qohar.

However, investigators emphasized that investigators would explore the possibility of a fee or profit received by Tom Lembong from the issuance of a sugar import permit.

"The investigation for the suspect yesterday was only two days, we are investigating it," said Qohar.

In the case of alleged sugar import corruption, Tom Lembong, who while serving as Minister of Trade allowed sugar imports of 105 thousand tons to private companies.

Tom Lembong's decision has violated the Decree of the Minister of Trade Number 527 of 2004. In that regulation, only state-owned companies are allowed to import sugar.

In this case, Tom Lembong is suspected of being under Article 2 Paragraph 1 or Article 3 Juncto Article 18 of the Law of the Republic of Indonesia Number 31 of 1999 as amended by Law Number 20 of 2021 Juncto Law of the Republic of Indonesia Number 31 of 1999 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning Corruption Crimes Juncto Article 55 Paragraph 1 to 1 of the Criminal Procedure Code.