Judge Applies the Basis of Lex Mitior, the New Criminal Procedure Code Applies in the Nadiem Trial

JAKARTA - The Corruption Court of Justice at the Central Jakarta District Court has set a trial for a suspected corruption case that dragged Nadiem Anwar Makarim as a defendant, using the new Criminal Procedure Code (KUHAP).

The determination was made after an agreement between the public prosecutor (JPU) from the Attorney General's Office and Nadiem's legal advisor (PH).

"Regarding the procedural law, both from legal advisors and public prosecutors, they agree to use the new KUHAP procedural law," said Chief Justice Purwanto Abdullah in a reading of the indictment at the Corruption Court at the Jakpus PN, Monday, January 5.

The Chief Judge explained that based on the principle of lex mitior, the regulation that is most beneficial to the defendant must be applied, so that with the transition from the old KUHAP to the new KUHAP, what is beneficial to Nadiem is the latest procedural law.

At the beginning of the trial, the Chief Judge said that there was uniqueness in the trial of the Nadiem case because the first trial actually started on Tuesday (16/12/2025), at which time the old KUHAP was still in force.

However, due to Nadiem's illness, he was unable to attend the trial at that time, the trial was postponed twice and finally took place today.

For this reason, the Chief Justice also asked for an agreement between the JPU and PH Nadiem, which criminal procedure law would be used.

Nadiem's legal advisor, Ari Yusuf Amir, said his party wanted to follow the rules that benefited his client.

"This is in accordance with the provisions of the transition and provisions regarding the law used in filing the defendant in this trial," said Ari.

Although the transfer of cases to the court was carried out while the old KUHAP was still in force, JPU Roy Riady agreed with Amir's lawyer to use the new KUHAP in the trial process of the former Minister of Education, Culture, Research, and Technology.

"We agree because this applies to the new KUHAP when this trial is opened, so we will certainly use the principles that are beneficial to the defendant," said the JPU.

In the case of alleged corruption in the education digitization program in the form of the procurement of Chromebook laptops and Chrome Device Management (CDM) in the Ministry of Education and Culture in 2019-2022, Nadiem is accused of corruption that has caused losses to the state treasury of IDR 2.18 trillion.

Corruption, among others, was carried out by carrying out the procurement of learning facilities based on information and communication technology in the form of Chromebook laptops and CDM for the 2020, 2021, and 2022 fiscal years which were not in accordance with the procurement planning and procurement principles.

The alleged act was carried out together with three other defendants who have been tried, namely Ibrahim Arief alias Ibam, Mulyatsyah, and Sri Wahyuningsih, as well as Jurist Tan, who is currently still at large.

In detail, the losses caused by the state include Rp1.56 trillion related to the education digitization program at the Ministry of Education and Culture, as well as 44.05 million US dollars or the equivalent of Rp621.39 billion due to the procurement of CDM that is not necessary and not useful in the education digitization program.

With this act, Nadiem is suspected of having received money amounting to IDR 809.59 billion originating from PT Aplikasi Karya Anak Bangsa (PT AKAB) through PT Gojek Indonesia.

For his actions, the former Minister of Education and Culture is threatened with a criminal penalty as stipulated in Article 2 paragraph (1) or Article 3 in conjunction with Article 18 of Law (UU) Number 31 of 1999 concerning the Eradication of Corruption as amended and supplemented by Law Number 20 of 2001 jo. Article 55 paragraph (1) of the Criminal Code.