Nadiem Faces 18-Year Prison Demand in Chromebook Corruption Case

Former Minister of Education, Culture, Research, and Technology during President Joko Widodo’s administration, Nadiem Anwar Makarim, has been demanded to face 18 years’ imprisonment and a fine of Rp1 billion subsidiary to 190 days’ imprisonment.

According to prosecutors, based on the legal facts revealed in the trial, Nadiem has been proven to have caused losses to state finances in the procurement of Chromebook laptops and Chrome Device Management (CDM) for the 2020-2022 fiscal years.

“Therefore, imposing a sentence on the defendant Nadiem Anwar Makarim of 18 years’ imprisonment,” stated Prosecutor Roy Riady while reading out the indictment at the Corruption Court (Tipikor) at the Central Jakarta District Court on Wednesday (13/5).

In addition, prosecutors demanded that the panel of judges impose additional penalties on Nadiem in the form of repayment of Rp809,597,125,000 (Rp809.5 billion) and Rp4,871,469,603,758 (Rp4.8 trillion) – which constitutes the defendant’s assets disproportionate to legitimate income or suspected to originate from corruption offences. If the repayment is not made, it will be replaced with 9 years’ imprisonment.

Nadiem, along with special staff Jurist Tan (fugitive) and Ibrahim Arief alias Ibam (consultant), is said to have directed Mulyatsyah and Sri Wahyuningsih, as chair and deputy chair of the technical team for Chromebook laptops, to support the education digitalisation programme.

The designation of Chromebooks, according to prosecutors, was not based on an identification of basic and secondary education needs in Indonesia.

“Thus, it resulted in a failure of utilisation, especially in 3T areas (disadvantaged, frontier, outermost), which is an unlawful act and a betrayal of the constitution,” stated the prosecutor.

In imposing the criminal demand, the prosecutors revealed several aggravating and mitigating circumstances.

The aggravating factors include that Nadiem’s actions do not support the government’s programme for a corruption, collusion, and nepotism (KKN)-free state administration.

The criminal act committed has resulted in the quality of education for Indonesian children being hindered. Furthermore, Nadiem’s actions caused enormous state losses.

In the implementation of the Chromebook ICT procurement, to gain personal benefits, Nadiem is said to have ignored the quality of early and secondary education. Nadiem is also accused of being evasive in providing statements during the trial.

“The mitigating factors for the defendant are that he has never been convicted before,” stated the prosecutor.

Nadiem is being prosecuted for corruption offences causing state financial losses of Rp2.18 trillion related to the education digitalisation programme involving the procurement of Chromebook laptops and CDM within the Ministry of Education, Culture, Research, and Technology for the years 2020-2022.

The corruption is alleged to have been committed, among others, by carrying out the procurement of information and communication technology-based learning facilities in the form of Chromebook laptops and CDM for the fiscal years 2020, 2021, and 2022 not in accordance with the procurement planning and principles of procurement.

Nadiem is said to have committed the offence jointly with other defendants in separate trials, namely Ibrahim Arief, Mulyatsyah, Sri Wahyuningsih, as well as Jurist Tan who remains at large.

The detailed state financial losses include Rp1.56 trillion related to the education digitalisation programme at the Ministry of Education, Culture, Research, and Technology, as well as US$44.05 million or equivalent to Rp621.39 billion due to unnecessary and unbeneficial CDM procurement.

Through these actions, Nadiem is alleged to have received Rp809.59 billion originating from PT Aplikasi Karya Anak Bangsa (PT AKAB) via PT Gojek Indonesia. It is stated that most of PT AKAB’s funding sources come from Google Asia Pacific investments worth US$786.99 million.

Meanwhile, for Ibam, Mulyatsyah, and Sri Wahyuningsih, the Tipikor Court panel in Jakarta has already convicted the defendants.

Ibam, as a consultant at the Ministry of Education, Culture, Research, and Technology, was sentenced to 4 years’ imprisonment and a fine of Rp500 million subsidiary to 120 days’ imprisonment.

The decision against Ibam was marked by a dissenting opinion from two member judges, Eryusman and Andi Saputra.

Meanwhile, Mulyatsyah, as former Director of Secondary Education at the Ministry in 2020, was sentenced to 4.5 years’ imprisonment and a fine of Rp500 million subsidiary to 120 days.

He was also imposed with an additional penalty of repayment of Rp2.28 billion subsidiary to 2 years’ imprisonment.

Sri Wahyuningsih, as former Director of Primary Schools at the Directorate General of Early Childhood Education, Basic Education, and Secondary Education in 2020-2021, was sentenced to 4 years’ imprisonment and a fine of Rp500 million subsidiary to 120 days’ custody.

The cases of Mulyatsyah and Sri Wahyuningsih have already attained legal force or are final.