Expert Weighs in on Nadiem Makarim's Appeal Risk Calculation: Could Be Acquitted or Face Heavier Sentence
The 10-year prison sentence handed down to former Minister of Education, Culture, Research, and Technology Nadiem Anwar Makarim in the Chromebook procurement corruption case has not closed the door to his defence. However, pursuing an appeal carries significant risk as there is no guarantee the sentence will be reduced at the next court level.
Criminal law expert from Tarumanagara University, Hery Firmansyah, stated that the panel of judges’ verdict places Nadiem in a dilemmatic position. The legal team must carefully consider whether to accept the verdict or pursue further legal remedies.
“The judge’s decision has been read, now we are just waiting for Mr Nadiem’s reaction through his legal counsel regarding the verdict, whether to accept it or to file an appeal,” Hery said in a statement on Tuesday (30/6).
According to Hery, normatively every defendant has the right to re-examine a verdict through the appeal mechanism. In practice, however, this step does not always result in a reduced sentence. The appellate court can instead uphold or even increase the sentence if supporting legal grounds are found.
“It seems the verdict was handed down to make Mr Nadiem uneasy. Even with an appeal, there is no certainty the sentence will be lighter,” he said.
Nevertheless, Hery believes the opportunity to correct the verdict remains open. One factor that could be considered by the defence team is the dissenting opinion among the panel of judges who tried the case.
“Moreover, there was a dissenting opinion among the panel of judges who heard this case,” he noted.
Hery explained that the existence of a dissenting opinion indicates differing legal assessments among the judges. This condition could serve as a basis for argumentation if the defendant decides to appeal.
He stressed that there is no certainty regarding the final outcome of any legal remedy pursued by the defendant. Therefore, the decision to continue the legal process is entirely a strategy that must be carefully calculated.
“An appeal or other subsequent legal steps are entirely part of an effort structured based on the legal team’s strategy,” Hery said.
He also emphasised that all legal consequences must be considered before making a decision. “It is all strategy. Every step is calculated to determine which will be more advantageous,” he added.
Previously, the Jakarta Corruption Court panel of judges sentenced Nadiem Anwar Makarim to 10 years in prison after he was found legally and convincingly guilty of committing corruption in the procurement of Chromebook laptops and Chrome Device Management for the 2019-2022 period.
“Declares that the defendant Nadiem Anwar Makarim has been legally and convincingly proven guilty of committing a criminal act of corruption carried out jointly,” said Chief Judge Purwanto S. Abdullah while reading the verdict at the Central Jakarta Corruption Court on Tuesday (30/6).
In addition to the prison sentence, the panel of judges also imposed a fine of Rp1 billion, which must be paid after the verdict has permanent legal force.