Suspected White-Collar Crime Scheme in Nadiem Makarim Case

Jakarta (ANTARA) - Public prosecutors (JPU) from the Attorney General’s Office suspect a white-collar crime scheme in the alleged Chromebook corruption case implicating Nadiem Anwar Makarim as the defendant.

“The scheme exploited bureaucratic loopholes and positions for Nadiem’s personal benefit,” said JPU Roy Riady in a written statement in Jakarta on Thursday.

He explained that the defendant used his authority to create an opaque system.

“Instead of strengthening existing bureaucracy, he built decision-making mechanisms outside formal channels that culminated in commercial benefits for certain parties,” he said.

The JPU outlined crucial facts regarding a structured conflict of interest.

He assessed that Nadiem did not implement healthy bureaucracy but deliberately formed a shadow organisation outside the official ministry structure.

Additionally, the JPU highlighted the abnormality in the increase of Nadiem’s wealth, which was disproportionate to his official income as a state official.

It was stated that trial facts revealed a common thread between the Chromebook procurement and a fraud scheme in the management of PT Aplikasi Karya Anak Bangsa (AKAB), involving large external investments.

The JPU revealed an investment from Google amounting to 786 million US dollars or approximately Rp11 trillion, but only recorded as Rp60 billion in administrative reports.

“We see a scheme to disguise the actual value to avoid taxes and cover conflicts of interest,” said the JPU.

The JPU also regretted Nadiem’s attitude of not exercising his right to reverse the burden of proof to transparently explain the origins of his wealth.

This is because, he continued, when asked about salary and funding sources for conditioning certain parties, the JPU said Nadiem tended not to answer openly.

In addition to a 18-year corporate sentence, the prosecutors also imposed a fine of Rp1 billion subsidiary 190 days in prison. The most burdensome is the demand for replacement money with a fantastic value of Rp5.67 trillion.

The JPU explained that the figure is an accumulation of state losses in the procurement project of Rp809.59 billion plus an additional Rp4.87 trillion as unproven wealth.

If the replacement money is not paid, Nadiem faces an additional 9 years in prison.

On the other hand, the prosecutors also lodged strong objections to the testimonies of three experts presented by Nadiem’s legal team.

The JPU assessed the experts’ statements as not independent and not objective.

Not objective

The JPU specifically highlighted the background of Romli Atmasasmita due to family ties that could affect the independence of the testimony in the trial.

It was stated that Romli has family relations, namely the biological father of three members of Nadiem’s legal advisory team who are part of ADP Law Firm.

Meanwhile, regarding the testimony of I Gede Pantja Astawa, the JPU revealed that his statement had previously not been considered by the panel of judges in the corruption case named Siti Fadilah Supari.

I Gede Pantja Astawa provided testimony regarding the abuse of authority in conflicts of interest of state organisers that cause state losses must first be resolved administratively.

Because, said the JPU, Ina does not have convincing scientific expertise, does not know the details of the case, and gave answers regarding the philosophy of education which is considered very shallow.

In addition to family issues, the prosecutors also criticised the substance of the three experts’ testimonies, which collectively stated there was no wrongdoing in Nadiem’s actions, from administrative, criminal, or education policy perspectives.

“The experts’ statements essentially only attempt to justify Nadiem’s actions without looking at the existing legal facts,” said the JPU.

Previously, Nadiem was charged with corruption causing state financial losses of Rp2.18 trillion in the alleged corruption case of the education digitalisation programme in the form of Chromebook laptop and Chrome Device Management (CDM) procurement in the Ministry of Education, Culture, Research, and Technology (Kemendikbudristek) from 2019–2022.

Nadiem’s actions were charged as being committed jointly with three other defendants in separate trials, namely Ibrahim Arief alias Ibam, Mulyatsyah and Sri Wahyuningsih, as well as Jurist Tan, who is currently a fugitive.

In detail, the state losses caused amount to Rp1.56 trillion related to the education digitalisation programme at Kemendikbudristek, as well as 44.05 million US dollars or equivalent to Rp621.39 billion due to unnecessary and unbeneficial CDM procurement in the education digitalisation programme.

With those actions, the former Minister of Education, Culture, Research, and Technology is alleged to have received money amounting to Rp809.59 billion originating from PT Aplikasi Karya Anak Bangsa (PT AKAB) through PT Gojek Indonesia.

It was stated that most of PT AKAB’s funding sources came from Google’s investment of 786.99 million US dollars.

For his actions, the former minister faces penalties under Article 2 paragraph (1) or Article 3 in conjunction with Article 18 of Law No. 31 of 1999 on the Eradication of Corruption Crimes as amended and supplemented by Law No. 20 of 2001 jo. Article 55 paragraph (1) first of the Criminal Code.