In Nadiem's Trial, Expert States Special Staff Lacks Authority to Command Directors-General

JAKARTA, KOMPAS.com - Administrative Law expert from Borobudur University, Ahmad Redi, stated that a minister’s special staff member does not have the authority to instruct echelon 1 or 2 officials.

Ahmad spoke during the continuation of the trial for the alleged corruption case in the procurement of Chromebook-based laptops for the defendant, former Minister of Education, Culture, Research, and Technology Nadiem Makarim.

“If it’s special staff, the authority is very limited. They only provide considerations and input; their user is only the Minister,” said Ahmad during the trial at the Jakarta Corruption Court, on Monday (30/3/2026).

However, the prosecutor provided characteristics that are often questioned in the trial.

“That official in the ministry, everyone is afraid of this outsider, afraid of this minister, even nicknamed ‘the real’ minister,” said Prosecutor Roy Riady when giving an analogy.

The narrative mentioned by Roy is often associated with Jurist Tan, Nadiem’s former special staff who is now designated as a suspect and remains at large.

After hearing the analogy from the public prosecutor, Ahmad, based on administrative law, stated that an official can exercise authority when there is a regulation underpinning it.

“In the Presidential Regulation on State Ministries, there are directors-general who then assist the minister in formulating, preparing concepts for determination, and helping to implement those tasks for the directors-general,” explained Ahmad.

If this happens, the special staff’s actions automatically violate the principles of good governance.

“Because special staff do not have technical authority. They only give input and considerations; the execution, implementation, and formulation are done by the Director-General,” Ahmad said again.

Then, the public prosecutor gave an analogy exactly matching the narrative of instructions from Nadiem to echelon 1 and 2 officials: “What if that happens because of the minister’s order, saying, ‘What he says, is what I say,’ so these directors-general and directors are afraid. What do you say, expert?”

“Yes, that’s clearly an arbitrary act, Sir. It must not be allowed,” he replied.