January 6, 2026 | 11:50 am
TEMPO.CO, Jakarta - Indonesia's Former Minister of Education, Nadiem Makarim, through a memorandum of objection read by his legal counsel, stated his readiness to present a reversed burden of proof in the alleged corruption case involving the procurement of Chromebook laptops. Nadiem's legal counsel, Yanuar Bagus Sasmito, stated that his client was fully cooperative and open to the judicial process. "By stating his readiness to present a reversed burden of proof as stipulated in Article 37 of the Corruption Law," Yanuar stated while reading the memorandum of exception at the Jakarta Corruption Court on Monday, January 5, 2026.
He explained that Article 37 of the Corruption Eradication Law gives defendants the right to prove they did not commit a criminal act of corruption. Under this provision, defendants have the right to prove that they did not gain personal gain, enrich themselves or others, and do not possess assets whose value is disproportionate to their legitimate income.
Yanuar explained that this reversed burden of proof mechanism aims to demonstrate the defendant's good faith, integrity, and the legality of the defendant's sources of income and wealth. However, he emphasized that this right does not eliminate the public prosecutor's obligation to prove all elements of the indictment.
He also outlined the provisions of Article 38B paragraph (1) of the Corruption Law, which require defendants to provide information about all their assets, including assets belonging to other parties suspected of being related to the case. Therefore, according to Yanuar, the rights and obligations under the reverse burden of proof mechanism go hand in hand and cannot be separated.
"By stating his readiness to provide reverse burden of proof, the defendant is not admitting guilt or placing the burden of proof on himself, but rather exercising his legal rights guaranteed by law as part of a legitimate and constitutional defense," Yanuar said.
He assessed that the prosecutor's indictment did not contain any description that his client obtained personal gain, received funds, or benefited from changes in the value of the petition or other actions charged. The absence of such descriptions, he argued, actually strengthens Nadiem's position in proving that there was no illegal increase in assets, no connection between his official authority and personal gain, and no motive to enrich himself or others.
Yanuar added that Nadiem is ready to submit a wealth report, official income data, financial transaction history, and other supporting documents to prove that all of his assets come from legitimate sources and are unrelated to this case.
According to him, Nadiem's readiness to provide reverse evidence demonstrates his good faith and commitment to the principles of accountability and transparency in the administration of his office. "The readiness to provide reverse evidence should be seen as a factor that strengthens the defendant's position that he did not obtain personal gain, while also clarifying the absence of malicious intent (mens rea) in exercising his authority as Minister of Education, Culture, Research, and Technology," Yanuar said.
Therefore, he continued, Nadiem Makarim requested that the panel of judges officially record his readiness to provide reverse evidence as stipulated in Article 37 of the Corruption Law. He also asked the panel of judges to carefully consider the request in assessing the validity and strength of the prosecutor's charges.
Read: Nadiem Makarim Charged With Causing Rp2.1 Trillion in State Losses
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