Jakarta, CNN Indonesia —
The single judge at the South Jakarta District Court, Tumpanuli Marbun, rejected a preliminary request by former Trade Minister Thomas Trikasih Lembong alias Tom Lembong in suspected cases sugar import corruption.
With this decision, the Jampidsus Attorney General’s Office must complete the ongoing investigation and then hand it over to the public prosecutor and the court.
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“Trying to the subject of the case, rejecting the Pretrial application as a whole,” said Tumpanuli reading the decision at the South Jakarta District Court, Tuesday (26/11).
The judge said that several complaints submitted by Tom Lembong through his lawyer had entered the main material of the case that required confirmation in the corruption crime court (Tipikor).
The judge then did not consider the applicant’s evidence relevant to the main material of the case at this pre-trial hearing.
The judge assessed that the law enforcement process carried out by the Office of the Attorney General Jampidsus (respondent) was in accordance with the procedures and procedures of criminal procedure law.
Jampidsus the Attorney General started investigating the alleged corruption of sugar imports by opening an investigation based on a letter dated July 31, 2023, followed by an investigation through a letter dated October 23, 2023.
A total of 29 witnesses including Tom Lembong and three experts were examined during the investigation process. In addition, Jampidsus the Attorney General has also issued an order to produce evidence in the case a quo, such as electronic evidence.
“Before naming a suspect, (the applicant) was examined as a witness until he had complied with the content of the decision of the Constitutional Court No. 21 of 2014 (relating to procedures and conditions to prove a suspect),” the judge said.
In this trial, Tom Lembong brought a number of experts such as a criminal law expert who is also a Professor at the Islamic University of Indonesia (UII) Yogyakarta Mudzakkir, criminal law expert Chairman Huda, Executive Director of Political Economy and Policy Studies (PEPS) Anthony Budiawan , and Professor at the Faculty of Agriculture IPB Dwi Andreas Santosa.
Meanwhile, the Attorney General’s Office presented state administrative law expert Ahmad Redi, criminal law expert Agus Surono, Hibnu Nugroho, Taufik Rachman and state loss calculation expert Evenri Sihombing.
Tom Lembong with CS as Director of Business Development of PT Perusahaan Dagang Indonesia (PPI) is accused by the Attorney General Jampidsus for the alleged corruption case regarding the importation of sugar in 2015-2016.
According to the Prosecutor’s Office, this case caused a state financial loss of IDR 400 billion.
Tom Lembong and CS were detained for the first 20 days starting from Tuesday (29/10) after undergoing investigation.
Tom Lembong then tested the procedures carried out by the Attorney General’s Office through Pretrial at the South Jakarta District Court. According to Tom Lembong, the decision to arrest and detain the suspect was invalid because it was against the procedural law (KUHAP).
According to him, his decision to import sugar while he was Minister of Commerce was within the scope of the state’s administrative law, not a criminal act.
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2024-11-26 08:14:00
#judge #rejects #Tom #Lembongs #sugar #import #corruption #case
What are the key arguments presented by both the prosecution and defense regarding the legal distinction between administrative actions and criminal acts in this case, and how does this distinction impact the potential outcome?
## World Today Podcast: Tom Lembong Sugar Case
**Intro Music**
**Host:** Welcome to the World Today podcast, where we dissect the latest news making headlines. Today we’re diving into the recent developments in the corruption case against former Trade Minister Tom Lembong. This case centers around his alleged involvement in sugar import irregularities and has sparked heated debate across Indonesia.
Today joining us are two experts to shed light on various aspects of this complex case. Firstly, we have **[Expert 1 Name & Credentials]**, a legal expert specializing in Indonesian criminal law. Secondly, we have **[Expert 2 Name & Credentials]**, a political analyst with extensive experience in Indonesian trade and agricultural policies. Welcome to both of you.
**Section 1: Understanding the Allegations:**
**Host:** Let’s start by outlining the core accusations against Mr. Lembong. Could you explain, **[Expert 1 Name]**, the specific allegations being levelled against him in relation to the sugar imports?
**[Expert 1 Responds]**
**Host:** [Expert 2], what is the larger context of these accusations within Indonesia’s ongoing battle against corruption, particularly in the food industry?
**[Expert 2 Responds]**
**Section 2: Legalities and Procedural Challenges:**
**Host:** The court recently rejected Mr. Lembong’s pretrial application arguing that the investigative process followed due procedures. **[Expert 1 Name]**, can you break down this decision for our listeners? What were the main arguments presented by both sides?
**[Expert 1 Responds]**
**Host:** Mr. Lembong’s legal team argued that his actions fell under administrative law, not criminal act. **[Expert 2 Name]**, how significant is this distinction in the Indonesian legal system?
**[Expert 2 Responds]**
**Section 3: Potential Impacts and Broader Implications:**
**Host:** This case has inevitably caused public debate and scrutiny of Indonesia’s trade practices. **[Expert 2 Name]**, what broader implications could this case have on Indonesia’s agricultural sector and international trade relations?
**[Expert 2 Responds]**
**Host:** Looking ahead, **[Expert 1 Name]**, what are the potential legal ramifications if Mr. Lembong is found guilty? What kind of penalties could he face?
**[Expert 1 Responds]**
**Section 4: Wrapping Up:**
**Host:** Thank you both for sharing your invaluable insights. This case clearly highlights some complex legal and ethical challenges facing Indonesia.
As this case unfolds, we at World Today will continue to provide our listeners with in-depth analysis and expert commentary. Please stay tuned.
**Outro Music**
