Prosecutors say LKPP testimony at Nadiem appeal hearing strengthens verdict
Jakarta (ANTARA) - Public prosecutor Roy Riady from the Attorney General’s Office said the testimony of former official of the Government Goods and Services Procurement Policy Institute (LKPP) Dwi Satrianto in the appeal hearing of defendant Nadiem Anwar Makarim strengthens the consideration of the judge’s ruling at the first instance. According to him, the witness presented by Nadiem’s legal team provided the same testimony as previously when examined during the first-instance trial. “The facts obtained are the same as the facts that have been considered at the first instance,” said Roy in a statement in Jakarta, Wednesday.
Previously, Nadiem’s legal team questioned the SPTJM which was not included in the judge’s consideration in the first-instance ruling because it was not used as evidence in the case. Nadiem’s side claimed to have sent an official letter, but the LKPP did not dare to provide it. Nadiem’s camp previously claimed that at the first-instance trial, the District Court had also requested it from the public prosecutor, but the SPTJM was never provided, thus harming the ruling against their client.
Appeal Panel Chairman Subachran Hardi Mulyana said the SPTJM at the LKPP is a requirement for publication, so when it has been displayed, it can be concluded that the LKPP has published goods from various other principals. “There are many principals who want to offer through LKPP, many, various kinds, various brands of course. Brands, it just depends on who needs them, that’s how it is. So, I think there is no need to request it,” said the Panel Chairman in the appeal hearing.
Furthermore, the Panel Chairman said that regarding the absence of the SPTJM as evidence, it will be a consideration for the judges at the appeal level. Currently, the Panel Chairman emphasised that the appeal memorandum and counter-memorandum are still under review.
In the case, he was sentenced to 10 years in prison after being proven to have committed corruption. In addition to the prison sentence, Nadiem was also sentenced to a fine of Rp1 billion, subsidiary to 190 days in prison, and replacement money amounting to Rp809.59 billion, subsidiary to 5 years in prison. The replacement money was imposed on Nadiem after it was proven that he received Rp809.59 billion originating from PT Aplikasi Karya Anak Bangsa (PT AKAB) through PT Gojek Indonesia. Most of PT AKAB’s funds came from a Google investment worth 786.99 million US dollars.
In the case, Nadiem was found guilty of abusing authority, causing state financial losses amounting to Rp1.56 trillion. The corruption was carried out, among other things, by procuring information and communication technology-based learning facilities in the form of Chromebook laptops and CDM for the 2020, 2021, and 2022 fiscal years, not in accordance with procurement planning and procurement principles. The actions of the founder of one of the technology companies 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 is still at large.
Thus, Nadiem was found guilty of violating the criminal provisions stipulated in Article 3 in conjunction with Article 18 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended and supplemented by Law Number 20 of 2001 in conjunction with Article 55 paragraph (1) 1st of the Criminal Code.