Nadiem Makarim Chromebook Corruption Case: Prosecutors Reject Administrative Argument

Public Prosecutors have firmly rejected the argument presented by the legal counsel for defendant Nadiem Makarim, which categorised the Chromebook procurement case as an administrative violation. During the replication hearing on Tuesday, prosecutors stated that the case is a pure criminal act of corruption due to elements of malicious intent and abuse of authority. The prosecutors stressed that the primum remedium principle raised by Makarim’s legal team only applies to purely administrative violations without malicious intent. However, in the 2020-2022 Chromebook and Chrome Device Management procurement case, they discovered a planned series of unlawful acts. ‘In the a quo case, from the outset, the defendant not only possessed malicious intent but also followed up with a series of unlawful acts as outlined in the indictment,’ the prosecutor asserted in court. Several court facts were highlighted, including Makarim’s direct directive with the instruction ‘Go ahead with Chromebook’ to Hamid Muhammad. The prosecutor assessed that the instruction to use ChromeOS and CDM was a final ministerial decision that could not be debated, reinforcing a causal link between intent and corporate actions benefiting certain parties. Regarding the defence on conflict of interest, the prosecutor refuted claims that minority share ownership and an irrevocable power of attorney had severed the defendant’s relationship with Google or Gojek. The prosecutor considered these instruments merely disguised his control, while Makarim continued to enjoy economic benefits from affiliated companies. The prosecutor also referred to testimony from witnesses Andre Soelistyo and Kevin Aluwi, who stated that Makarim remained the directing mind or true controller behind the company. Given the massive state financial loss, the prosecutor requested that the panel of judges continue processing this case as a criminal act of corruption in accordance with the previous indictment.