The legal team representing former Minister of Education, Culture, Research, and Technology, Nadiem Anwar Makarim, has challenged the public prosecutor to present crucial evidence that could definitively convict their client. Nadiem Makarim’s legal counsel, Ari Yusuf Amir, asserted that the charges brought against his client stem from a fundamental misunderstanding on the part of the public prosecutor.
As widely reported, Nadiem faces a staggering demand for 18 years imprisonment, a fine of Rp 1 billion (with an additional 190 days in jail if unpaid), and restitution of Rp 5.6 trillion (with a default sentence of 9 years in prison).
“If I were to summarize, the demands against our client originate from emotion and ambition, resulting in a prosecution that lacks rationality and legal logic,” Ari stated in South Jakarta on Wednesday, May 20.
As an illustration, Ari highlighted the prosecution’s apparent miscomprehension regarding a stock split scheme executed by PT GoTo Gojek Tokopedia Tbk. Generally, a stock split is a corporate action that increases the number of shares outstanding without altering the total value of an investor’s holding.
The public prosecutor noted that this share split caused Nadiem’s stock ownership to surge from 58,416 shares in June 2021 to approximately 15 billion shares by October 2021. However, during the same period, the per-share value simultaneously decreased, ensuring the overall stock value remained unchanged.
Furthermore, Ari pointed out that the key evidence frequently referenced by the public prosecutor involves digital conversations between Nadiem and his subordinates. According to the defense, this evidence merely demonstrates coordination of activities undertaken by Nadiem within his office, rather than any criminal offense. “We have found no electronic evidence that is irrefutable,” Ari emphasized.
Previously, the public prosecutor concluded that Nadiem had demonstrably and convincingly committed unlawful acts in the alleged corruption case involving the procurement of Chromebook laptops from 2019-2022. This conclusion was reached following the examination of three pieces of evidence.
Specifically, the alleged unlawful acts involve the abuse of authority in drafting two regulations: Ministerial Regulation of Education and Culture Number 5 of 2021 and Number 3 of 2022. Both regulations outlined the operational guidelines for the Special Allocation Fund for Physical Education in 2021-2022.
“From these decisions, the defendant enriched himself by Rp 809 billion and Rp 4.87 trillion, resulting in a state loss of Rp 1.56 trillion,” the public prosecutor declared at the Jakarta Corruption Court (Tipikor) on Wednesday, May 13.
The public prosecutor identified three primary pieces of evidence to prove Nadiem’s unlawful actions: minutes from a meeting held on May 27, 2020; digital conversations between Jurist Tan and Fiona Handayani; and Fiona Handayani’s digital conversations within the “Mas Menteri Core” WhatsApp group.
The prosecution maintains that Nadiem caused an approximate state loss of Rp 2.1 trillion. This figure includes findings from the Financial and Development Supervisory Agency (BPKP) concerning the procurement of Chrome Device Management (CDM) valued at US$44.05 million, equivalent to Rp 621.38 billion.
The issuance of Permendikbud Number 5 of 2021 and Permendikbud Number 3 of 2022 is believed to have originated from the conditioning of Nadiem’s subordinates during a digital meeting on May 6, 2020. The public prosecutor argued that this meeting influenced the entire ministry to opt for Chromebook laptops and utilize CDM in the laptop procurement program.
“The defendant stated ‘go ahead with Chromebook’ in the meeting. Witness Hamid testified that the meeting aligned with the Minister’s directive, indicating a platform shift from Windows to Chrome,” the prosecutor elaborated.
Summary
Nadiem Makarim’s legal counsel, Ari Yusuf Amir, has refuted the public prosecutor’s charges, arguing they stem from a fundamental misunderstanding of corporate actions and a lack of legal logic. The defense specifically challenged the prosecution’s interpretation of a GoTo stock split, clarifying that the increase in share volume did not equate to an increase in total value. Furthermore, the defense contends that digital evidence cited by the prosecution represents standard professional coordination rather than criminal activity.
The prosecution maintains that Nadiem committed unlawful acts regarding Chromebook procurement regulations between 2019 and 2022, allegedly resulting in significant state losses and personal enrichment. Prosecutors rely on meeting minutes and internal digital communications to argue that the former minister directed subordinates to favor Chromebooks through specific ministerial regulations. Despite these allegations, the defense continues to demand that the prosecution present irrefutable evidence to support the requested 18-year prison sentence.