Two dissenting judges call for Ibrahim Arief's acquittal

Jakarta (ANTARA) - Two out of the five judges who heard the alleged corruption case involving Chromebooks issued dissenting opinions calling for the acquittal of Ibrahim Arief, alias Ibam, a technology consultant at the Ministry of Education, Culture, Research, and Technology (Kemendikbudristek), from the case. The two judges in question, member judge II Eryusman and member judge IV Andi Saputra, concluded that Ibam clearly did not fulfil all the elements charged by the public prosecutor. “Although there is indeed a series of related actions between one and another, there is no direct and strong causality between the defendant’s actions or role and the direct crime,” stated Judge Andi during the verdict reading at the Corruption Court at the Central Jakarta District Court on Tuesday. Judge Andi noted that in the case, Ibam only provided general input and did not direct towards a specific brand, but his input was “twisted” by the technical team from Kemendikbudristek. Consequently, there are significant differences between the specifications suggested by Ibam and those in the review document and Ministry of Education Regulation Number 5 of 2021. Furthermore, Judge Andi opined that Ibam had provided input on the weaknesses of Chromebooks to the Minister of Education, Culture, Research, and Technology for the 2019-2024 period, Nadiem Anwar Makarim, on 21 February 2020. Judge Andi conveyed that Ibam also continued to provide input to re-evaluate the Chromebook prices by suggesting that the ministry conduct a Request for Information (RFI) to distributors to validate prices for competitiveness. “This shows the defendant’s capacity as an information technology consultant and not a price or financial consultant,” said Judge Andi. On the other hand, Judge Andi assessed that Ibam did not receive remuneration from the principal to direct his analysis or study towards a specific brand. It was added that witnesses from the principal’s side in the trial also stated that they never met Ibam during the Chromebook laptop procurement process. Consequently, Judge Andi opined that the Rp163 million income received by Ibam was legitimate earnings for his services as a consultant at Kemendikbudristek. Meanwhile, regarding the increase in Ibam’s assets by Rp16.92 billion, Judge Andi continued, this resulted from the sale of Bukalapak shares obtained by Ibam while still working at Bukalapak and is not bound or affiliated with the tried case. “We conclude that the defendant, as a consultant, provided neutral advice to the ministry, where the authority to select the presented consultation options lies with the ministry,” stated Judge Andi. In the alleged corruption case of the education digitalisation programme involving the procurement of Chromebook laptops and CDM within Kemendikbudristek from 2019 to 2022, Ibam was sentenced to four years’ imprisonment and a fine of Rp500 million, subsidiary 120 days’ imprisonment. Ibam was among those proven to have procured information and communication technology-based learning facilities in the form of Chromebook laptops and CDM that did not comply with the procurement planning and various procurement principles, thus causing a total state financial loss of Rp5.26 trillion. Thus, he was proven guilty of violating Article 3 in conjunction with Article 18 of Law Number 31 of 1999 on the Eradication of Criminal Acts of Corruption as amended and supplemented by Law Number 20 of 2001 jo. Article 55 paragraph (1) first of the Criminal Code.