The Panel of Judges Orders the Prosecutor to Submit the Results of the BPKP Audit to Nadiem

Nadiem Makarim/ANTARA FOTO/Rivan Awal Lingga/nz

JAKARTA - The Corruption Court panel of judges ordered the public prosecutor to submit a list of evidence and a report on the results of the Financial and Development Supervisory Agency (BPKP) audit or other financial audit documents to the defendant Nadiem Anwar Makarim before entering the proof stage.

"This is to fulfill the defendant's right to a fair trial and in making a defense, including reverse proof, as stipulated in Articles 37 and 37A of the Corruption Law as well as for the smooth examination of the case," said member judge Sunotopadasidang reading the verdict of the bench of judges at the Jakarta Corruption Court, reported by ANTARA, Monday, January 12.

The statement of the panel of judges was a response to the objection note alias objection of Nadiem's legal advisor regarding the incomplete case file, by arguing that his client did not receive a list of evidence and the report of the BPKP audit results.

Regarding this argument, Judge Sunoto said that the JPU, in its opinion, stated that various documents would be submitted at the evidentiary hearing in the trial.

Although ordering the JPU to submit the documents, the panel of judges considered that the failure to attach the list of evidence and the audit report in the case file submitted to the Minister of Education, Culture, Research, and Technology for the period 2019-2024 did not cause the indictment to be invalid or inadmissible.

This is because the requirements for the indictment are limited in Article 75 of the New Code of Civil Procedure (KUHAP) and do not require the completeness of these documents as part of the indictment.

"Thus, this resistance cannot be used as a basis to cancel the indictment or declare the indictment inadmissible," said Sunoto.

Previously, the panel of judges rejected Nadiem's objection note because various formal objections submitted by the former Minister of Education and Culture and his legal advisor were not sufficiently reasoned to stop the examination of the case at the stage of objection.

The panel of judges considered that Nadiem's objections and his legal advisers were more concerned with the aspect of proof, which was more appropriately considered in the main examination of the case.

In the case of alleged corruption in the education digitization program in the form of the procurement of Chromebook laptops and Chrome Device Management in the Ministry of Education and Culture environment in 2019-2022, Nadiem is accused of committing corruption that has caused losses to state finances worth IDR 2.18 trillion, which is the result of the calculation of the BPKP.

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.

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.