Former BPK chair denies lack of independence in testimony at Nadiem's trial

Jakarta (ANTARA) – The chair of the Audit Board (BPK) for 2019-2022, Agung Firman Sampurna, has rejected allegations of non-independence in giving testimony in the Chromebook corruption case involving Nadiem Anwar Makarim as the defendant. He said that independence, in essence, means a person can express opinions or testify in court without interference and without feeling burdened by threats or conflicts of interest. “So we can do it freely, autonomously, in accordance with the competencies we possess. We do not feel any of that; there are no threats and no conflicts of interest,” Agung said at a press conference in Jakarta on Wednesday. In doing so, he emphasised that he appeared purely in the context of the professional mastery he possessed when giving testimony in court. Sen.Raja with Agung, criminal law expert from Padjadjaran University Prof. Romli Atmasasmita also rejected the allegations that his presence during testimony was unethical due to a familial relationship with Nadiem’s defence team. “Not prohibited by law; what is prohibited is involvement with the defendant. So essentially there is no legal violation; if there is no legal violation then there is no ethical violation,” he said during the same event. In a recent expert witness examination, prosecutors from the Attorney General’s Office had referred to Agung Firman’s evidence as that of an unindependent and non-neutral expert, allegedly aimed at countering a loss report produced by the Financial and Development Supervisory Agency (BPKP). Meanwhile, in the prosecutors’ indictment hearing, they specifically highlighted Romli Atmasasmita’s background due to a familial relationship that could affect the independence of his testimony. It was stated that Romli is the biological father of three members of Nadiem’s advisory team who are part of ADP Law Firm. Previously, Nadiem faced an 18-year prison sentence, a Rp1 billion fine with a substitute of 190 days’ imprisonment, and restitution of Rp5.67 trillion with a substitute of 9 years’ imprisonment. In the alleged corruption case concerning the education digitalisation programme involving Chromebook laptops and Chrome Device Management (CDM) procurement within the Kemendikbudristek for 2019-2022, he was charged with corruption amounting to Rp2.18 trillion. The corruption is alleged to involve the procurement of information and communications technology-based learning facilities in the form of Chromebook laptops and CDM for the 2020, 2021, and 2022 fiscal years, not in accordance with procurement planning and principles. Specifically, the state losses include Rp1.56 trillion linked to the education digitalisation programme at Kemendikbudristek, and US$44.05 million, or Rp621.39 billion, due to the procurement of CDM that was unnecessary and not beneficial to the education digitisation programme. With these acts, Nadiem is alleged to have received around Rp809.59 billion from PT Aplikasi Karya Anak Bangsa (PT AKAB) via PT Gojek Indonesia. It was stated that much of PT AKAB’s funds originated from a Google investment worth US$786.99 million. This is reflected in Nadiem’s wealth, recorded in the State Officials’ Wealth Report (LHKPN) in 2022, which shows holdings in securities worth Rp5.59 trillion. For his actions, Nadiem faces penalties under Article 2(1) or Article 3 read with Article 18 of Law No. 31 of 1999 on the Eradication of Criminal Acts of Corruption, as amended and added by Law No. 20 of 2001, in conjunction with Article 55(1) 1 of the Indonesian Penal Code.