Aggravating and Mitigating Factors in Nadiem Makarim's Chromebook Corruption Verdict

The Jakarta Corruption Court (Tipikor) has outlined the aggravating and mitigating factors considered in the sentencing of former Minister of Education, Culture, Research, and Technology, Nadiem Anwar Makarim, for corruption related to the procurement of Chromebooks. Presiding Judge Purwanto Abdullah stated that the panel had taken into account the provisions of Article 54 of the National Criminal Code (KUHP Nasional).

Aggravating factors included Nadiem’s actions being contrary to the government’s and society’s commitment to eradicating corruption. As a minister, he was expected to be a role model but instead abused his authority. The judge noted the crime was committed in a planned, structured, and systematic manner, resulting in massive state financial losses and a broad impact on the provision of education, particularly for children in underdeveloped, frontier, and outermost (3T) regions. His affluent economic status was also considered an aggravating circumstance, as there was no economic necessity driving the offence.

In mitigation, the panel acknowledged that Nadiem had no prior criminal record, had been polite and cooperative throughout the trial, and was previously known as a figure who contributed to innovation in education and technology. Nadiem was found guilty of misusing his authority in the procurement of information and communication technology learning tools, specifically Chromebooks and CDMs, for the 2020, 2021, and 2022 fiscal years, causing state losses. He was proven to have acted together with three other convicted individuals: Ibrahim Arief, Mulyatsyah, and Sri Wahyuningsih, as well as fugitive Jurist Tan. The court sentenced him to a prison term and a fine of Rp1 billion, with a subsidiary of 190 days’ imprisonment. He was also ordered to pay restitution of Rp809.59 billion, with a subsidiary of five years’ imprisonment, after being found to have received that amount from PT Aplikasi Karya Anak Bangsa (PT AKAB), sourced largely from Google’s investment.