Minister says no issue if judges did not ask Nadiem for response to verdict
Law Minister Supratman Andi Agtas has stated there is no issue if the panel of judges did not ask defendant Nadiem Anwar Makarim for his response to the verdict handed down during his trial. He explained that both the defendant and the public prosecutor automatically have a seven-day period to pursue further legal action against the ruling. “Whether asked or not, the defendant has time to declare their next legal step,” Supratman said when met in Jakarta on Friday.
Previously, Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra said the Judicial Commission and the Supreme Court’s Supervisory Body were welcome to examine the judge’s conduct in Nadiem’s case. “Please, let the Judicial Commission or the Supreme Court’s Supervisory Body study this matter to see whether there was an ethical violation in the proceedings or not,” Yusril stated in Depok, West Java, on Thursday.
He noted that in judicial practice, it is common for a panel of judges to give the defendant an opportunity to state their position and ask whether they accept the verdict or intend to appeal. However, he added that the defendant’s right to accept, consider, or appeal the decision remains valid within the period stipulated by law. “In judicial practice, it is not a problem if that question is not asked,” he told reporters in Jakarta on Thursday.
In the alleged corruption case involving the digitalisation of education through the procurement of Chromebook laptops and Chrome Device Management at the Ministry of Education, Culture, Research, and Technology for the 2019–2022 period, Nadiem was sentenced to 10 years in prison after being found guilty. In addition to the prison term, the former education minister for the 2019–2024 period was also fined Rp1 billion, with a subsidiary of 190 days’ imprisonment, and ordered to pay restitution of Rp809.59 billion, with a subsidiary of five years’ imprisonment.
The restitution was imposed after Nadiem was proven to have received Rp809.59 billion from PT Aplikasi Karya Anak Bangsa through PT Gojek Indonesia. He stated that most of PT Aplikasi Karya Anak Bangsa’s funds originated from a Google investment worth 786.99 million US dollars. In this case, Nadiem was found guilty of abusing his authority, causing state losses of Rp1.56 trillion.
The corruption allegedly involved the procurement of information and communication technology-based learning facilities, specifically Chromebook laptops and Chrome Device Management, for the 2020, 2021, and 2022 fiscal years, which did not comply with procurement planning and principles. The actions of the technology company founder were declared to have been carried out together with three other defendants who have been sentenced in separate trials, namely Ibrahim Arief alias Ibam, Mulyatsyah, and Sri Wahyuningsih, as well as Jurist Tan, who remains at large. Consequently, Nadiem was found to have violated criminal provisions under Article 3 in conjunction with Article 18 of Law Number 31 of 1999 on the Eradication of Corruption, as amended and supplemented by Law Number 20 of 2001, in conjunction with Article 55 paragraph (1) of the Criminal Code.