What Factors Influenced Nadiem Makarim's Sentence in the Chromebook Case?

TEMPO.CO, Jakarta - The Corruption Court panel of judges considered several aggravating and mitigating factors before sentencing defendant Nadiem Makarim in the Chromebook case.

"Before sentencing the defendant, the panel of judges outlined aggravating and mitigating circumstances, as stipulated in Article 54 of the National Criminal Code," said Chief Judge Purwanto Abdullah while reading out the verdict in a hearing at the Corruption Court at the Central Jakarta District Court on Tuesday, as ANTARA reported.

The Chief Judge explained that the aggravating circumstances of the verdict were that Nadiem's actions were contrary to the government's and the public's commitment to eradicating corruption and that the defendant, as a minister who should be a role model, had instead abused the authority of his position.

Then, Nadiem's actions were deemed to have been carried out in a planned, structured, and systematic manner, resulting in enormous state financial losses and having a wide impact on the provision of education, especially for children in disadvantaged, frontier, and outermost (3T) areas.

Furthermore, Nadiem's financial situation is considered an aggravating factor because he has sufficient funds and no economic need to motivate his actions.

Meanwhile, the mitigating factors considered by the panel of judges were that Nadiem had never been convicted of a crime before, was polite and cooperative during the trial, and was previously known as a figure who contributed to educational and technological innovation.

In the case of alleged corruption in the education digitalization program in the procurement of Chromebook laptops and Chrome Device Management (CDM) within the Ministry of Education, Culture, Research, and Technology in 2019–2022, Nadiem was sentenced to 10 years in prison after being found guilty of corruption.

In addition to imprisonment, he was also sentenced to a fine of Rp1 billion, subsidiary to 190 days in prison, and compensation of Rp809.59 billion, subsidiary to 5 years in prison.

The replacement money was imposed on Nadiem after it was proven that he had received Rp809.59 billion from PT Aplikasi Karya Anak Bangsa (PT AKAB) through PT Gojek Indonesia. It was stated that the majority of PT AKAB's funding came from a US$786.99 million investment from Google.

In this case, it was found that Nadiem abused his authority, resulting in Rp1.56 trillion in state financial losses.

The alleged corruption involved the procurement of information and communication technology-based learning facilities, including Chromebook laptops and CDMs, in the 2020, 2021, and 2022 budget years. This was not in accordance with procurement planning or principles.

The tech company founder was said to have carried out his actions together with three other defendants who were sentenced in different trials: Ibrahim Arief, also known as Ibam; Mulyatsyah; and Sri Wahyuningsih. Jurist Tan, who is currently a fugitive, was also involved.

Thus, the former Minister of Education, Culture, Research and Technology was proven to have violated the criminal law regulated 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) point 1 of the Criminal Code.

Read: Nadiem Makarim Sentenced to 10 Years' Imprisonment

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