Nadiem's Trial: Expert States Minister Cannot Be Held Accountable for Subordinate's Mistakes

JAKARTA, KOMPAS.com - Criminal law expert from Padjadjaran University, Romli Atmasasmita, stated that a minister cannot be held criminally accountable for actions carried out by their subordinates.

Romli made this statement when presented as an expert witness for the former Minister of Education, Culture, Research, and Technology, Nadiem Makarim, in the alleged corruption case regarding the procurement of Chromebook-based laptops.

“Can it be said that actions carried out by the Directorate General staff or directors under them constitute the responsibility of the person in question, and that such actions cannot then be held criminally accountable to the Minister?” asked Nadiem’s lawyer, Dodi Abdulkadir, during the trial at the Jakarta Corruption Court on Monday (4/5/2026).

Romli affirmed that a minister cannot be held criminally accountable unless they have instructed their subordinates, in this case the Directorate General (Dirjen), to commit a criminal act.

According to Romli, all parties should be held accountable for their respective actions.

“But if the Minister did not say so, it is individual responsibility,” said Romli.

“According to their position, echelon one is the implementer of the Minister’s tasks. They are the ones primarily responsible if deviations occur,” he added.

Romli then cited a case from 2008-2009. At that time, Romli was named a suspect in a corruption case related to the Legal Entity Administration System Project (Sisminbakum) at the Ministry of Law and Human Rights.

He emphasised that at the time, the minister under whom he served was not named a suspect.

“If the Dirjen violates procedures, then the Dirjen is accountable to the Minister, not the Minister. I still remember my old case, the Sisminbakum matter. I was the defendant as Dirjen, but the Minister wasn’t—Yusril, remember?” said Romli.

“The mandate from the President to the Minister. The Minister’s responsibility is to the President. But the Minister’s responsibility to the Dirjen—the Dirjen must be accountable. If the Dirjen violates procedures, then the Dirjen is accountable to the Minister, not the Minister (being made accountable),” said Romli.