The judge\u2019s sentence against former IT consultant at the Ministry of\nEducation, Culture, Research and Technology under Minister Nadiem\nMakarim, Ibrahim Arief alias Ibam, in the corruption case involving the\nprocurement of Chromebook laptops and Chrome Device Management (CDM) has\nbeen increased. Ibam was sentenced to 5 years in prison, a fine of Rp\n500 million and restitution of Rp 5 billion at the appeal stage.<\/p>\n
At the first-instance court, Ibam was sentenced to 4 years in prison\nin the CDM laptop procurement corruption case that also implicated\nNadiem Anwar Makarim. The judge declared Ibam guilty of violating\nArticle 3 in conjunction with Article 18 of the Corruption Eradication\nLaw in conjunction with Article 55 paragraph 1 of the Criminal Code.<\/p>\n
The sentencing hearing was held on Tuesday (13\/5). In its ruling, the\njudge sentenced Ibam to 4 years in prison and a fine of Rp 500 million,\nwith a subsidiary sentence of 120 days in confinement.<\/p>\n
Ibam did not accept the verdict. His legal team filed an appeal. In\nthis case, Nadiem and others were charged with corruption related to the\nprocurement of Chromebook laptops during his tenure as Minister of\nEducation, Culture, Research and Technology. The project allegedly\ncaused state losses of Rp 2.1 trillion.<\/p>\n
The following are the sentences for the defendants in this case:<\/p>\n
Nadiem Makarim: 10 years in prison<\/p>\n
Ibam: 5 years in prison<\/p>\n
Former Director of Primary Education at the Ministry Sri\nWahyuningsih: 4 years in prison<\/p>\n
Former Director of Junior Secondary Education at the Ministry\nMulyatsyah: 4.5 years in prison.<\/p>\n
Ibam\u2019s Sentence Increased<\/p>\n
The Jakarta High Court subsequently increased Ibam\u2019s sentence at the\nappeal stage. The appellate judges increased Ibam\u2019s sentence from 4\nyears to 5 years in prison.<\/p>\n
\u201cSentencing the Defendant Ibrahim alias Ibam therefore to 5 years in\nprison and a fine of Rp 500 million,\u201d the judge said while reading the\nverdict at the Jakarta High Court, Cempaka Putih, Central Jakarta, on\nMonday (31\/8).<\/p>\n
If the fine is not paid, it will be replaced with 140 days in prison.\nIbam was previously sentenced to 4 years in prison and was not ordered\nto pay restitution. Now, the judge has imposed restitution of Rp 5\nbillion on Ibam.<\/p>\n
\u201cOrdering the Defendant to pay restitution of Rp 5 billion,\u201d the\njudge said.<\/p>\n
If not paid, his assets will be seized and auctioned. The judge said\nthat if Ibam\u2019s assets are insufficient, the sentence will be replaced\nwith 4 years in prison.<\/p>\n
Judge\u2019s Reasons for Imposing Rp 5 Billion Restitution<\/p>\n
The Jakarta High Court judge explained the reasons why the appeal\nverdict against Ibam was heavier than the first-instance ruling. Ibam\u2019s\nsentence now includes restitution.<\/p>\n
\u201cThe panel of judges at the High Court is of the opinion that it must\nfirst be emphasised that the sentencing system in the Corruption\nEradication Law does not only aim to impose corporal punishment on the\nperpetrator, but also aims to recover state losses arising from\ncorruption,\u201d said presiding judge Catur Iriantoro during Ibam\u2019s appeal\nhearing.<\/p>\n
The judge said that the additional penalty of restitution is an\ninseparable part of corruption eradication. The judge stated that the\nCorruption Law has regulated additional penalties in the form of\nrestitution payments of up to the same amount as the assets obtained\nfrom corruption.<\/p>\n
\u201cThis provision shows that the purpose of the lawmakers is not merely\nto inflict suffering on the perpetrator, but to ensure that every\nbenefit obtained through corruption or every loss arising from such\ncrime is restored to the state,\u201d said Catur.<\/p>\n
The judge stated that the additional penalty of restitution cannot be\nnarrowly understood as a consequence only if the defendant personally\nenjoyed the proceeds of the crime.<\/p>\n
The judge said that the restitution penalty must be assessed based on\nthe relationship between the defendant\u2019s actions, the economic benefits\narising from the crime, and the portion of responsibility that can be\nlegally attributed to each perpetrator based on the evidence.<\/p>\n
\u201cTherefore, the assessment of restitution must take into account the\nentire series of proven criminal acts and the actual contribution of\neach perpetrator to the occurrence of state losses,\u201d he said.<\/p>\n
The judge stated agreement with the first-instance panel at the\nJakarta Corruption Court that Ibam was proven to have participated in\ncorruption that resulted in state financial losses in the education\ndigitalisation procurement in 2020 and 2021 at the Ministry of\nEducation, Culture, Research and Technology.<\/p>\n
According to the judge, the losses were a direct result of the\nChromebook procurement carried out according to each person\u2019s role and\nintroduction. \u201cThus there is a causal relationship between the\ndefendant\u2019s actions and the occurrence of state financial losses that\nare the object of recovery through the additional penalty mechanism,\u201d\nthe judge said.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/ibams-sentence-increased-in-chromebook-corruption-case-1788223934", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }