{
    "success": true,
    "data": {
        "id": 1716392,
        "msgid": "nadiems-trial-expert-states-minister-cannot-be-held-accountable-for-subordinates-mistakes-1777881203",
        "date": "2026-05-04 14:12:31",
        "title": "Nadiem's Trial: Expert States Minister Cannot Be Held Accountable for Subordinate's Mistakes",
        "author": "Robertus Belarminus",
        "source": "KOMPAS",
        "tags": "",
        "topic": "Legal",
        "summary": "In the corruption trial involving former Education Minister Nadiem Makarim over the procurement of Chromebook laptops, criminal law expert Romli Atmasasmita testified that a minister cannot be held criminally liable for actions committed by subordinates unless they directly ordered the offence. Romli emphasised individual accountability, noting that directors general bear primary responsibility for deviations in their duties, as illustrated by his own past case where the minister was not implicated. This testimony highlights the principle of personal responsibility within Indonesia's governmental hierarchy, potentially influencing the outcome of Nadiem's case.",
        "content": "<p>JAKARTA, KOMPAS.com - Criminal law expert from Padjadjaran\nUniversity, Romli Atmasasmita, stated that a minister cannot be held\ncriminally accountable for actions carried out by their\nsubordinates.<\/p>\n<p>Romli made this statement when presented as an expert witness for the\nformer Minister of Education, Culture, Research, and Technology, Nadiem\nMakarim, in the alleged corruption case regarding the procurement of\nChromebook-based laptops.<\/p>\n<p>\u201cCan it be said that actions carried out by the Directorate General\nstaff or directors under them constitute the responsibility of the\nperson in question, and that such actions cannot then be held criminally\naccountable to the Minister?\u201d asked Nadiem\u2019s lawyer, Dodi Abdulkadir,\nduring the trial at the Jakarta Corruption Court on Monday\n(4\/5\/2026).<\/p>\n<p>Romli affirmed that a minister cannot be held criminally accountable\nunless they have instructed their subordinates, in this case the\nDirectorate General (Dirjen), to commit a criminal act.<\/p>\n<p>According to Romli, all parties should be held accountable for their\nrespective actions.<\/p>\n<p>\u201cBut if the Minister did not say so, it is individual\nresponsibility,\u201d said Romli.<\/p>\n<p>\u201cAccording to their position, echelon one is the implementer of the\nMinister\u2019s tasks. They are the ones primarily responsible if deviations\noccur,\u201d he added.<\/p>\n<p>Romli then cited a case from 2008-2009. At that time, Romli was named\na suspect in a corruption case related to the Legal Entity\nAdministration System Project (Sisminbakum) at the Ministry of Law and\nHuman Rights.<\/p>\n<p>He emphasised that at the time, the minister under whom he served was\nnot named a suspect.<\/p>\n<p>\u201cIf the Dirjen violates procedures, then the Dirjen is accountable to\nthe Minister, not the Minister. I still remember my old case, the\nSisminbakum matter. I was the defendant as Dirjen, but the Minister\nwasn\u2019t\u2014Yusril, remember?\u201d said Romli.<\/p>\n<p>\u201cThe mandate from the President to the Minister. The Minister\u2019s\nresponsibility is to the President. But the Minister\u2019s responsibility to\nthe Dirjen\u2014the Dirjen must be accountable. If the Dirjen violates\nprocedures, then the Dirjen is accountable to the Minister, not the\nMinister (being made accountable),\u201d said Romli.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/nadiems-trial-expert-states-minister-cannot-be-held-accountable-for-subordinates-mistakes-1777881203",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}