Judge Blocks Intervention in Nadiem Pre-Trial Hearing

In a significant development at the South Jakarta District Court, sole judge I Ketut Darpawan emphatically declared that the pre-trial motion filed by former Minister of Education, Culture, Research, and Technology (Mendikbudristek) Nadiem Makarim must remain free from any external intervention. This powerful assertion underscores the court’s commitment to judicial independence in a high-profile case.

Judge Ketut delivered this crucial statement during the inaugural hearing of Nadiem’s pre-trial motion against the Attorney General’s Office (AGO) at the South Jakarta District Court on Friday, October 3rd. The hearing marked the beginning of Nadiem’s legal challenge, aiming to dispute the legitimacy of his controversial suspect status.

The core of Nadiem’s pre-trial motion centers on his contention that the Attorney General’s Office‘s designation of him as a suspect in the alleged Chromebook laptop procurement corruption case is unlawful. This challenge highlights fundamental questions regarding legal procedure and the evidentiary standards required for such serious accusations.

“Before we proceed, I wish to make it clear that I will oversee this case and will not permit anyone to communicate with any of the parties, whether to influence a favorable or unfavorable outcome, or to grant any special privileges,” Judge Ketut sternly stated as he opened the proceedings, setting a strict tone for the trial ahead.

The pre-trial motion was formally registered by Nadiem through his legal counsel, Hana Pertiwi, at the South Jakarta District Court on Tuesday, September 23rd. This initial step signaled Nadiem’s resolve to contest the allegations leveled against him.

According to Hana Pertiwi, the designation of her client as a suspect lacked sufficient preliminary evidence, a critical legal requirement. She specifically pointed to the absence of a comprehensive audit of state financial losses from an authorized institution, which she believes is indispensable for such a serious charge.

“His designation as a suspect is flawed because there aren’t two sufficient pieces of initial evidence, one of which is the audit report of state financial losses from the authorized institution,” Hana explained, stressing the legal team’s central argument. She further elaborated that “the authorized institutions are, of course, BPK or BPKP, and automatically, if the suspect designation is invalid, then any subsequent detention is also rendered invalid.”

In response to the pre-trial motion, Anang Supriatna, Head of the Legal Information Center at the Attorney General’s Office, affirmed that pursuing such a motion is a legitimate right for Nadiem Makarim as a suspect. This statement acknowledges the legal avenues available to those facing prosecution.

Chromebook Laptop Case

The alleged Chromebook laptop procurement corruption case traces its origins back to February 2020. At that time, Nadiem Makarim, serving as the Minister of Education, Culture, Research, and Technology, reportedly held a meeting with representatives from Google Indonesia. This meeting would lay the groundwork for a controversial procurement process.

During the meeting, discussions revolved around Google’s products, specifically Chromebook laptops, and their potential use within the ministry then led by Nadiem. The focus was on integrating these devices into the educational system.

A crucial agreement emerged from this meeting: a plan to initiate an Information and Communication Technology (ICT) procurement project for Google’s Chrome OS and Chrome Devices (Chromebook laptops) for the Ministry of Education, Culture, Research, and Technology. This decision was made despite the fact that the formal ICT equipment procurement process had not yet officially commenced, raising questions about procedural adherence.

Subsequently, in 2020, Minister Nadiem Makarim responded to a letter from Google Indonesia concerning their participation in the ministry’s ICT equipment procurement. Notably, this letter had previously gone unaddressed by Muhadjir Effendy, Nadiem’s predecessor as Minister of Education and Culture. The reason for the earlier inaction was the failure of the 2019 Chromebook procurement trial, which proved unsuitable for schools in Indonesia’s remote (3T) areas, adding a layer of complexity to Nadiem’s decision.

The estimated financial loss in this case is staggering, reaching approximately Rp 1.98 trillion. This substantial figure was derived from discrepancies in the calculation of laptop procurement prices. The Attorney General’s Office has identified two primary areas of alleged profiteering by the Chromebook laptop procurement providers, which they consider constitute state financial loss:

• Alleged overpricing for the Software (CDM) item, totaling Rp 480,000,000,000; and

• A significant mark-up on laptops outside the CDM, amounting to Rp 1,500,000,000,000.

As of now, the Attorney General’s Office has not publicly disclosed the detailed comparison between the fair market price and the actual price paid by the Ministry of Education, Culture, Research, and Technology at the time for each laptop, its accompanying software, and other components.

Despite his designation as a suspect, Nadiem Makarim has vehemently denied any wrongdoing, refuting the claims made by the Attorney General’s Office. He has publicly stated his belief that he will be divinely protected.

Throughout the unfolding situation, Nadiem has consistently emphasized his unwavering commitment to integrity and honesty, asserting that these values have guided him throughout his entire life.