Nadiem Makarim asks to be released from the Chromebook corruption case

JAKARTA - The defendant Nadiem Anwar Makarim, through his legal advisor, asked to be released from the alleged corruption case of the education digitization program in the form of the procurement of Chromebook laptops and Chrome Device Management (CDM) in the environment of the Ministry of Education and Culture in 2019-2022.

"We ask the panel of judges to order the public prosecutor to release the defendant Nadirm from detention immediately after the interim verdict is read," said Nadiem's legal advisor, Ari Yusuf Amir, while reading the note of objection or objection in the trial at the Tipikor Court at the Jakpus PN, Monday.

According to him, the Corruption Crime Court at the Central Jakarta District Court is not authorized to try his client's case, among others, because the indictment is based on the Government Administration Law, the object of which is the authority of the State Administrative Court.

Then, the indictment of the JPU was considered to be unclear, not careful, and incomplete (exceptio obscuur libel).

Because, he said, the JPU, among others, mixed the authority of the minister with the authority of the structural position under the minister, even though Nadiem was not involved in the procurement because his capacity was only limited to formulating policies.

In addition, Ari added that the detention of the Minister of Education, Culture, Research and Technology for the period 2019-2024 was an arbitrary act that was contrary to the principle of presumption of innocence.

"The JPU also handed over the a quo case with incomplete case files and violated the right of the defendant to reverse the burden of proof by handing over the case without complete case files," he added.

For this reason, he asked the panel of judges to restore his client's right to rehabilitate and restore his good name in position, ability, and dignity and dignity, if released.

However, if the panel of judges who examine and try the case thinks otherwise, he asks for the fairest possible verdict (ex aequo et bono).

In that case, Nadiem was charged with corruption that caused losses to state finances worth IDR 2.18 trillion.

Corruption, among others, was carried out by carrying out the procurement of learning facilities based on information and communication technology with laptops Chromebook and CDM for the 2020, 2021, and 2022 fiscal years 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.

It is stated that most of PT AKAB's money comes from Google's investment of US$786.99 million.

This can be seen from Nadiem's wealth which is recorded in the LHKPN in 2022, namely there is an acquisition of property in the form of securities worth IDR 5.59 trillion.

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 Number 31 of 1999 concerning Eradication of Corruption as amended and supplemented by Law Number 20 of 2001 jo. Article 55 paragraph (1) of the Criminal Code.