In its verdict, the panel of judges, chaired by Dennie Arsan Fatrika, ruled that BPKP's calculation of the shortfall in import duties and taxes was not based on actual losses but rather on potential losses. As a result, the judges did not take it into account as part of the state’s financial losses.

"The panel concluded that the calculation of the shortfall in import duties and taxes for white crystal sugar (PDRI) cannot be determined as definite and actual," said Judge Alfia Setyawan, while reading the court’s considerations at the Jakarta Corruption Court on Friday, July 18, 2025.

Earlier, the public prosecutor had accused Tom Lembong of causing state losses totaling Rp 578.1 billion in the sugar import corruption case.

This figure was based on two components: an overpayment made by PT Perusahaan Perdagangan Indonesia (PPI) amounting to Rp194.7 billion in the procurement of white crystal sugar for price stabilization programs, and a shortfall in the payment of import duties and PDRI worth Rp320.6 billion.

"Therefore, the Rp320.6 billion cannot be counted as a definite financial loss to the state," Judge Alfia said.

Since the second component was considered uncertain and not actual, the judges only included the first component (the Rp194.7 billion overpayment) as part of the financial loss.

"That represents the profit PT PPI should have received," Alfia explained.

In this case, the court sentenced Tom Lembong to four and a half years in prison. He was also fined Rp 750 million, which will be replaced by six months of imprisonment if unpaid. The judges found him guilty of violating Article 2 paragraph (1) of Law Number 31 of 1999 on the Eradication of Corruption, as amended by Law Number 20 of 2001 in conjunction with Article 55 paragraph (1) point 1 of the Criminal Code.

However, the court acknowledged that Tom Lembong did not personally gain from the issuance of sugar import permits during his time as Trade Minister in 2015-2016. The judges concluded that the permits benefitted the companies that received import quotas and ultimately caused financial losses to the state.