Nadiem References Constitutional Court Ruling on BPK's Authority to Determine State Losses in Chromebook Hearing

JAKARTA, KOMPAS.com - Former Minister of Education, Culture, Research, and Technology Nadiem Makarim referenced the Constitutional Court (MK) decision number 28/PUU-XXIV/2026 regarding Law Number 1 of 2023 on the Criminal Code, which emphasises the authority of the Financial Audit Board (BPK) as a state institution to determine the amount of state losses.

This matter was explored when criminal law expert from Al-Azhar University, Suparji, was examined in the continuation of the trial in the alleged Chromebook-based laptop procurement case.

“I want to ask the expert regarding the MK decision 28 of 2026 that has just been issued, and this touches on three topics. The first is regarding the institution authorised to determine state losses legally,” Nadiem stated during the hearing at the Jakarta Corruption Court, on Monday (13/4/2026).

And, the third question, the criminal process is the last legal resort, alias ultimum remedium.

Suparji first explained that the MK decision is final and binding, or the final decision that is binding.

Decision 28 should have been rejected, but its legal considerations emphasise several aspects that the MK had previously ruled on.

This means that institutions other than BPK may perform calculations of state losses.

However, the one that determines the amount of state losses in a case is only BPK and the judge in the trial.

A hearing can still request BPKP or institutions other than BPK to perform calculations of state losses.

“The facts of the trial conducted by BPKP serve as a consideration and it is the judge’s authority to recalculate and state the truth of those losses,” Suparji explained.

Furthermore, Suparji stated that MK decision number 28 strengthens the understanding that state losses must be based on actual and certain calculations, not potential losses.