KPK Leadership Responsible for Dismissal of Employees

KOMPAS/AGUS SUSANTO

Corruption Eradication Commission senior investigator Novel Baswedan gives a press statement after meeting the Komnas HAM commissioner in Jakarta, Monday (24/5/2021).

JAKARTA, KOMPAS — The leadership of the Corruption Eradication Commission (KPK), as the final decision maker on the status of 75 employees of the commission who have not passed the civics test (TWK), are said to be fully responsible for all implications arising from the decision related to these employees. However, a number of elements of society still hope that President Joko “Jokowi” Widodo will take a stand and cancel the decision to dismiss 51 KPK employees.

With regard to this issue, next week, the National Human Rights Commission (Komnas HAM) will summon KPK chair Firli Bahuri.

On Tuesday (25/5/2021), the KPK, the National Civil Service Agency (BKN), the Law and Human Rights Ministry and the Administrative and Bureaucratic Reform Ministry discussed the fate of the 75 KPK employees who did not pass the civics test. It was announced that 51 employees would be dismissed, while 24 other employees would be coached.

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Presidential Chief of Staff Moeldoko said in a written statement on Thursday (27/5) that the President had conveyed his directives on the controversy regarding the change in the status of KPK employees to state civil servants (ASN). In essence, KPK employees who did not pass the civics test are not to be immediately dismissed, and opportunities will be provided for improvement through official, individual or organizational education.

The government has certain authority but not entirely on the internal coaching process at the KPK

He said it was not true that the President\'s direction had been ignored. To carry out the President\'s directives, Moeldoko said Administrative and Bureaucratic Reform Minister Tjahjo Kumolo, Law and Human Rights Minister Yasonna H Laoly, the BKN and the State Administration Agency had coordinated with the KPK leadership and had conveyed the President\'s directives by providing coaching options as a solution. The Administrative and Bureaucratic Reform Ministry also proposed an individual development plan for KPK employees who did not pass the civics test.

"The fact that the KPK leadership then took another policy of its own is the authority and decision of the user institution, in this case the KPK. The government has certain authority but not entirely on the internal coaching process at the KPK," he said.

Kompas/Heru Sri Kumoro

Moeldoko, Presidential Chief of Staff

Moeldoko emphasized that the KPK, as the final decision maker for the status of its 75 employees, was fully responsible for all the implications of its decision.

KPK investigator Novel Baswedan said the KPK leadership was the party most responsible for the matter. This was because the only legal basis for the civics test for KPK employees was KPK Regulation No. 1/2021 on procedures for the change of KPK employees to civil servants.

"The group that issued the commission regulation (Perkom) was the KPK leadership. And it turns out that there are many problems. That is what we are reporting,” said Novel after providing additional data on the completeness of the complaint and the documents required for examination at the Komnas HAM office in Jakarta.

The additional data was provided by Novel together with KPK employee forum chair Yudi Purnomo Harahap, KPK intercomission and agency network director Sujanarko and Indonesian Legal Aid Foundation general chair Asfinawati. Asfinawati said her party had submitted a 546-page document. The data, she said, showed that the civics test for KPK employees was discriminatory because the results had been determined before the test began.

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Yudi said the document was related to written statements and testimonies from several KPK employees, both those who met the requirements and those who did not, regarding irregularities in interviews or written tests during the civics test.

He hoped that Komnas HAM would investigate the situation more quickly because his party had provided additional information regarding those on the KPK side who should be examined and what documents should be obtained from the KPK.

KOMPAS/AGUS SUSANTO

Komnas HAM Monitoring / Investigation Commissioner Mohammad Choirul Anam (front left) accompanied by Komnas HAM Commissioner for Studies and Research Sandrayati Moniaga (right) shows the complaint files of 75 KPK employees who did not pass the civic test at the Komnas HAM Office Jakarta, Monday (24/5/2021 ).

Komnas HAM commissioner Choirul Anam said his party was in the process of examining statements and information further. He said the team that had been formed would study all the information obtained.

Anam said Komnas HAM would also summon KPK chair Firli Bahuri next week. "We are studying the facts. From the facts, it will be seen what the case is, how the event was constructed and who is responsible,” he said.

KPK deputy chair Nurul Ghufron denied that the KPK had made decisions alone regarding the civics test issue. Nurul said the KPK did not want to evade the civics test issue. However, the KPK did not have the tools to judge, he said. Therefore, it was working closely with the BKN to ensure objectivity. Nurul said the President had provided directives and that the KPK had discussed the matter with the President\'s assistants.

We are studying the facts. From the facts, it will be seen what the case is, how the event was constructed and who is responsible.

The President can cancel

A lecturer at the University of Airlangga Faculty of Law, Herlambang P Wiratraman, said President Jokowi played a major role in resolving issues related to the KPK. Moreover, with the amendment of Law No. 19/2019, the KPK had changed from an independent institution to an executive agency. So President Jokowi\'s commitment to taking over the commotion at the KPK was highly expected.

"There will be no legal violation if Jokowi takes over and decides to cancel what the KPK chair did," Herlambang said.

Meanwhile, the coordinator of the Indonesian Anti-Corruption Society, Boyamin Saiman, will file a petition for judicial review with the Constitutional Court so that the consideration of the Constitutional Court\'s previous verdict becomes stronger and binding. Previously, the court stated that the process of changing the status of KPK employees to civil servants must not be detrimental to KPK employees. "If in the past, it was only in the form of consideration, later it will be the final verdict of the Constitutional Court," he said.

This article was translated by Hyginus Hardoyo.