Corruption Judge: Tom Lembong's Abolition Does Not Remove The Crime Of Other Defendants

The trial of reading the verdict of the panel of judges related to the corruption case of sugar importation at the Corruption Court (Tipikor) at the Central Jakarta District Court (PN), Wednesday (29/10/2025). (ANTARA/Agatha Olivia Victoria)

JAKARTA - The Panel of Judges at the Corruption Court (Tipikor) at the Central Jakarta District Court (PN) declared an abolition of the 2015 '2016 Minister of Trade Thomas Trikasih Lembong (Tom Lembong) not to abolish the crime against the defendants in the alleged corruption case of other sugar imports.

Member judge Purwanto Abdullah explained that when someone gets an abolition from the president, the criminal acts committed by pro justitia (legal pandemic) still exist, it's just that the president stops his legal process and the legal consequences are abolished.

"So legally, with the acquisition of Tom Lembong's abolition from the President, it does not take for the sake of other criminal cases related to the legal process to be stopped and also abolished due to the law," said Judge Purwanto in a trial reading the verdict of the panel of judges at the Corruption Court at the Central Jakarta District Court, Wednesday, October 29.

Purwanto said that abolition is the president's prerogative which stops the legal process against a person or a group of people who are in the stage of completion or trial who do not yet have a court decision with permanent legal force.

The goal is to stop the entire ongoing legal process against individuals who are explicitly mentioned in the presidential decree (keppres).

Based on Presidential Decree No. 18 of 2025 issued on August 1, 2025, Tom Lembong was given an abolition in accordance with the provisions of the legislation.

By referring to the decision, he continued, the granting of abolitions is specific, which only applies to people who are explicitly mentioned in the presidential decree, namely Tom Lembong, and does not apply automation to other parties who participate or are involved in the same crime.

In addition, Purwanto mentioned Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia emphasized that the president granted amnesty and abolition by taking into account the considerations of the House of Representatives (DPR).

"Thus, the abolition is constitutionally prerogative, but remains limited to legal subjects who are explicitly referred to in the president's decision," he said.

This prerogative, he said, is not widespread or derivatives of non-derogation to other parties because criminal law regulates the principle of individual liability, which is criminal responsibility inherent to perpetrators who commit criminal acts personally, not because of relationships with other parties who receive subscriptions.

Untuk itu meskipun Tom Lembong telah menerima abolisi dari Presiden, ia mengungkapkan secara hukum perbuatan pidana yang menjadi dasar pemberian abolisi tersebut tetap ada, saja saja proses penegakan hukum terhadap Tom Lembong dihentikan secara prerogatif oleh Presiden.

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However, the defendant and other parties who are not listed in the presidential decree, he continued, the legal process must still be continued and the legal consequences remain in full force.

"This is because there is no constitutional or alternative basis to stop prosecuting other defendants," said Purwanto.

As for the corruption case of sugar importation, there were several other parties who became defendants, namely the former Director of Business Development of PT Perusahaan Perdagang Indonesia (Persero) or PPI, Charles Sitorus, who had been sentenced to 4 years in prison and a fine of Rp. 750 million, subsidiary to 6 months in prison by the DKI Jakarta High Court.

In addition, there were also nine high-ranking private sugar companies who became other defendants in the case, namely the President Director (Director) of PT Angels Products Tony Wijaya Ng, Director of PT Makassar Tene Then Surianto Eka Prasetyo, President Director of PT Sentra Usatama Jaya Hansen Setiawan, Managing Director of PT Medan Sugar Industry Indra Suryaningrat, and President Director of PT Permata Dunia Sukses Utama Eka Sapanca.

Next, the President Director of PT Andalan Furnindo Wisnu Hendraningrat, the board of directors of PT Duta Sugar International Hendrgiarto Tiwow, the President Director of PT Berkah Manis Makmur Hans Falita Hutama, and the President Director of PT Kebun Tebu Mas Ali Sandjaja Boedidarmo.

Hansen, Indra, Wisnu, and Ali have been sentenced to imprisonment for 4 years each; a fine of Rp. 200 million, subsidiary to 4 months in prison; and to pay compensation of Rp. 41.38 billion each; Rp. 77.21 billion; Rp. 60.99 billion; and Rp. 47.87 billion, by the Central Jakarta District Court on Wednesday.

Meanwhile, the decisions of Tony, Surianto, Eka, Hedrogiarti, and Hans will only be read out by the Panel of Judges at the Central Jakarta District Court on Thursday (30/10).