Not attending the ethics hearing, Nurul Ghufron is considered to have set a bad example for KPK personnel

Deputy Chairman of the Corruption Eradication Committee, Nurul Ghufron, did not attend the hearing to investigate alleged ethical violations held by the Corruption Eradication Commission Council.

KOMPAS/PRAYOGI DWI SULISTYO

Deputy Chairman of the Corruption Eradication Commission, Nurul Ghufron, gave an explanation to journalists regarding his absence at the KPK Supervisory Council's ethics hearing on Thursday (2/5/2024) in Jakarta.

JAKARTA, KOMPAS — Deputy Chairman of the Commission for the Eradication of Corruption Nurul Ghufron was absent, did not attend the summons of the Supervisory Board KPK to take part in the ethics hearing. Ghufron asked for the ethics trial to be postponed on the pretext that he was filing a lawsuit with the Supreme Court and State Administrative Court. It is feared that Ghufron's attitude in not attending the ethics trial will set a bad example for KPK personnel.

Member of the Supervisory Council (Dewas) of the KPK, Syamsuddin Haris, revealed that the hearing on allegations of ethical violations was opened but later closed because Ghufron did not attend. Ghufron did not attend on the grounds that he was suing Dewas KPK at the State Administrative court (PTUN).

"The hearing has been postponed to May 14, 2024. If (Ghufron) does not attend the second summons, the ethics hearing will still proceed," said Syamsuddin when contacted from Jakarta on Thursday (May 2, 2024).

Separately, Ghufron stated that he had submitted a request for a postponement of the ethics trial to the KPK Supervisory Board. The reason is that the norms used in the ethics trial examination, namely KPK Supervisory Board Regulations No. 3 and 4 of 2021 which regulate the enforcement of ethics codes and procedures for ethics examination and trial, are currently being challenged in the Supreme Court. Ghufron filed a challenge to the Supreme Court because he believed that the investigation against him had expired.

The trial was postponed to May 14 2024. If the second summons (Ghufron) does not appear, the ethics trial will continue.

He emphasized that based on Article 55 of Law Number 24 of 2003 concerning the Constitutional Court, if a norm is being tested in the Supreme Court, the implementation of that norm must be postponed. Therefore, Ghufron requested the postponement of the ethics hearing.

In addition, Ghufron also filed a lawsuit against the ethics violation investigation against him in the Jakarta State Administrative Court. According to him, it would be contradicting if the verdicts in the State Administrative Court and KPK Ethics Council were different.

"I requested a postponement because of those two reasons that I mentioned earlier. It's not that I didn't attend, but it was intentional to request for a postponement," he emphasized.

He said that the legal dialectic between the applicant and the respondent or between the plaintiff and the defendant is something common, not something noisy and extraordinary. Therefore, Ghufron requested that the PTUN lawsuit be monitored. For him, the lawsuit is not resistance, but self-defense. This is procedurally regulated in the Law on Government Administration.

Ghufron explained that, according to Article 23 of the Supervisory Council Regulation No. 4/2021, reports or findings on alleged violations are declared expired within one year from the occurrence or discovery of the alleged violation.

He was reported to the KPK Ethics Council on December 8, 2023 in relation to an incident that occurred on March 15, 2022. The finding should have expired on March 16, 2023. He only became aware of the report after a clarification examination was conducted on February 28, 2024.

Ghufron has communicated with the KPK Supervisory Board regarding the expiration of the report. However, the Supervisory Board requested that Ghufron's response be made orally as a defense in the ethics hearing, so the ethics hearing will proceed. In response to the Supervisory Board's request, Ghufron expressed his objection in a written letter on February 29, 2024.

This matter was brought to the ethics hearing on April 22, 2024. Therefore, Ghufron filed a lawsuit to the Jakarta State Administrative Court on April 24, 2024.

KOMPAS

Allegedly violating ethics, KPK Deputy Chairman Nurul Ghufron was faced with an ethics trial.

Ghufron explained his alleged ethical violation which was reported to the KPK Council. He received a complaint from a mother who has a son-in-law as an employee at the Inspectorate General of the Ministry of Agriculture (Kementan) in early March 2022.

"The essence of the report is that they requested to be transferred since they were pregnant until giving birth after 1 year and 7 months, which is around 2 years, but it was not granted. Finally, the civil servant resigned because their transfer request was not granted on the grounds of reducing human resources.," he explained.

Also read: KPK Internal Problems Again, Nurul Ghufron Communicates with Ministry of Agriculture

The resignation will be accepted in due process. At that time, the mother-in-law of the Ministry of Agriculture employee, who was a friend of Ghufron, called him. Ghufron's colleague stated the inconsistency of the Ministry of Agriculture because the civil servant is not allowed to mutate, but is allowed to resign which results in reducing the human resources.

After receiving the complaint, Ghufron discussed with KPK Vice Chairman Alexander Marwata. Alexander told Ghufron that he could help the mother. Because Alexander had also done the same thing. As long as the mutation applicant meets the requirements, they are not helped to meet the requirements.

KOMPAS/RONY ARIYANTO NUGROHO

Deputy Chairman of the Corruption Eradication Commission (KPK) Alexander Marwata held a press conference regarding the suspect status held by KPK Chairman Firli Bahuri at the Merah Putih Building of the Corruption Eradication Commission (KPK), Jakarta, on Thursday (23/11/2023).

Ghufron also sought information, including from the National Civil Service Agency. From the information he obtained, his colleague's son-in-law met the requirements. He conveyed this to Alexander.

Next, Alexander searched for contact numbers of officials at the Ministry of Agriculture, including the contact number of the Secretary General of the Ministry of Agriculture, Kasdi Subagyono, who at the time was serving as Inspector General. Kasdi is one of the defendants in a corruption case at the Ministry of Agriculture involving former Minister of Agriculture Syahrul Yasin Limpo.

"After getting the number, I conveyed it, and my delivery was not followed by a request for transfer approval or not, complaining inconsistently. He (Kasdi) then responded, 'Okay sir, we'll check first'," said Ghufron.

Around two or three weeks later, Kasdi conveyed that Ghufron's colleague's son-in-law met the requirements and his mutation was processed. This communication took place on March 15th, 2022.

KOMPAS/ADRYAN YOGA PARAMADWYA

Secretary General of the Ministry of Agriculture Kasdi Subagyono was escorted by officers before a press conference at the Corruption Eradication Commission (KPK) Building in Jakarta on Wednesday (11/10/2023).

A report concerning the alleged corruption committed by Kasdi was released in November 2022. An investigation and arrest of the suspect were carried out in January 2023 and September 2023, respectively. Ghufron was reported to the KPK Supervisory Board on December 8, 2023.

He admitted that he did not receive any money or gifts for his assistance to his colleague. He accepted the complaint on humanitarian grounds. "Above our power and position is humanity. If we are questioned for helping this humanity, we accept it," said Ghufron.

Bad example

Contacted separately, researcher at the Center for Anti-Corruption Studies at Gadjah Mada University (Pukat UGM), Zaenur Rohman, saw that Ghufron's absence indicated an uncooperative attitude. This is a form of evasion of enforcing the code of ethics.

"This also means setting a bad example for other KPK personnel, especially employees," said Zaenur.

KOMPAS/NINO CITRA ANUGRAHANTO

A researcher from the UGM Anti-Corruption Studies Center, Zaenur Rohman, provided a statement to journalists regarding the rejection of the revision of the Corruption Eradication Commission (KPK) Law, at Tugu Yogyakarta, on Tuesday (17/9/2019). The action was carried out together with the Yogyakarta Anti-Corruption Network (JAK).

According to him, administrative lawsuits in the Administrative Court or material tests at the Supreme Court are different processes from ethical hearings. This reason cannot be used by Ghufron to not attend the ethical hearing conducted by KPK's Board of Ethics. Because, the lawsuit in the Administrative Court or material test at the Supreme Court can be granted or rejected.

"If it is granted, it remains speculative whether it can take effect immediately or not," said Zaenur.

She sees that Ghufron is not chivalrous and does not set a good example for other KPK personnel. This will have an impact on further reducing public trust in the KPK. Because the absence of Ghufron has become a new polemic in the KPK.

Also read: Internal Polemic Never Ends, KPK's Marwah Is At Stake

Zaenur respects Ghufron's right to use any means necessary. However, when there is a call for an ethics code hearing, Ghufron should attend it. Because every KPK individual is required to comply with Dewas's summons. Rescheduling for Ghufron sets a bad example at the KPK.