Prosecutor: White Collar Crime Committed by Nadiem through Fraud

JAKARTA - Public prosecutor from the Attorney General's Office Roy Riady stated that the white collar crime scheme alias white collar crime was committed by the defendant Nadiem Anwar Makarim through a fraud or fraud strategy.

According to the JPU, this strategy was carried out after PT Aplikasi Karya Anak Bangsa (PT AKAB) received the money transferred by Google, then Nadiem agreed to manipulate the record which was not in accordance with the actual transaction.

"This is a practice of corruption in the form of fraud in corporate actions or fraud which is one of the defendants' modus operandi to evade taxes and disguise the true value of their financial transactions," said the prosecutor at the reading of the replik or response to the pleidoi, at the Corruption Court at the Jakpus PN, Tuesday, June 9, reported by ANTARA.

The JPU explained that the white collar crime scheme was carried out by Nadiem in the case of alleged corruption in Chromebooks with the form of crime committed by someone who has high ability and social status in occupation or work.

It is said that white collar crime is a crime committed by people who have high social status and are respected in their work.

The crime is not only in the form of corruption, but also other types of crimes, such as official crimes, economic crimes, to corporate crimes.

The JPU revealed that there were three strategies carried out by white collar crime perpetrators. First, fraud, which is carried out by manipulating regulations, tricking financial reports, misleading tax obligations, engineering regulations, to smuggling laws as if his actions were legal in the eyes of the law.

Second, layering. The JPU said this step is aimed at blurring the causality between the perpetrator, the actus reus (guilty act), and the victim.

"The blurring is done in various ways such as creating shell companies and locus delicti in the country and creating or breaking down subsidiaries, fictitious businesses, to charitable foundations as money laundering pockets," said the JPU.

The JPU added that the three were images (images). This step was taken so that the perpetrators would no longer look evil, but instead portray themselves as if they were good people.

The instrument is explained by influencing the mass media and, if necessary, buying or owning the mass media.

As time progresses, continued the JPU, social media is also used as effectively as possible because it goes directly to people's gadgets.

In addition, in the imaging strategy, white-collar criminals are assessed as often being actively involved in community or political organizations to increase their image as a moral person.

"In fact, if you need to buy votes to become a public official. Not stopping there, the service mark or award will be bought if needed for the sole purpose of creating a positive image in the community," said the JPU.

If fraud, layering, and imaging actions are carried out effectively, the JPU believes that when the white collar crime perpetrator is arrested and prosecuted criminally, he will still be considered a hero who is "framed".

Thus, public sympathy continues to come and can even portray themselves as people who are criminalized by the state.

Therefore, the JPU emphasized that a number of enforcement strategies must be directed to target the three strategies of the white collar crime in question.

It was emphasized that all the necessary regulations are currently in place and it remains a joint commitment to eradicate corruption, as is the case with white-collar crime.

Nadiem was dragged as one of the defendants 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.

Previously, the Minister of Education, Culture, Research, and Technology for the period 2019-2024 was charged with a prison sentence of 18 years, a fine of Rp1 billion, a substitute for 190 days in prison, and a substitute for Rp5.67 trillion, a substitute for 9 years in prison.

In that case, he was charged with corruption that caused losses to state finances worth Rp2.18 trillion.

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

The founder of one of the technology companies was charged with committing the act together with three other defendants in a different trial, 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 State-level Wealth Report (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 was 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.