TEMPO.CO, Jakarta – The president of the Employees’ Forum of the Corruption Eradication Commission (KPK), Yudi Purnomo, only has to rely on President Joko Widodo or Jokowi. Last Friday, the Supreme Court (MA) dismissed the lawsuit brought by him and 56 other KPK employees over KPK Commission Regulation (Perkom) number 1 of 2021, which governs the assessment of the National Perception Test (TWK) .
“We are awaiting a policy from the President regarding the results of the TWK evaluation of the employees of KPK who have not been appointed as ASN in accordance with the orders of the KPK Act regarding the transfer of the status of the employees of KPK to the ASN, “said Yudi, Saturday September 11, 2021.
Before being rejected by the Supreme Court, other legal actions brought by Yudi cs were also rejected by the Constitutional Court. There they sued Law No. 19 of 2019 regarding the KPK. With those two hopes gone, Yudi’s hope is only with Jokowi. There was no other attempt he would make. “We continue to determine if there are other steps we can take,” Yudi said.
This great hope for Jokowi is not unfounded. When the TWK valuation dispute between the KPK and its employees first surfaced, Jokowi had time to speak up and recalled the importance that the TWK attended by KPK employees would not be the basis for deciding the fate of KPK employees. He asked that the 75 employees declared not to have passed through the TWK not be purely and simply dismissed.
“The results of the national analysis test for KPK employees should be entered into the measures to improve the KPK, both for individuals and institutions of KPK, and should not necessarily be used as the basis for dismissal 75 KPK employees who are declared to have failed the test. Jokowi said in his briefing Tuesday. There is May 17, 2021.
Above all, HAM from Komnas and the Ombudsman of the Republic of Indonesia (ORI) found a number of abuses of power, human rights violations and maladministration in the process of implementing the TWK. Not only was reportedly carried out by the KPK leadership, but the State Civil Service Agency (BKN) was involved in it.
A number of legal experts from the law firm Themis Indonesia & Dewi Keadilan said that despite MA and MK’s rejection of the plaintiffs’ allegations, the unconstitutional actions of the KPK leaders could not be justified.
In their analysis, the legal experts considered that the Court considered the standards governing TWK valid. However, the Court did not rule on the procedures which were flawed in the implementation of the TWK by the KPK, the State Civil Service Agency or other parties involved in the distortion of the authority in the implementation of the TWK.
“The decision of the Constitutional Court therefore in no way ignores the conclusions of the Indonesian mediator and Komnas HAM,” Themis researchers said in their written statement on Tuesday, September 7, 2021.
Therefore, Themis researchers consider that constitutional authority does not justify the implementation of this authority which is carried out in a procedural manner and violates the HAMa. They asserted that normative constitutionalism cannot legitimize unconstitutionalism when the norm is implemented.
Legal experts consisting of Feri Amsari, Bivitri Susanti, Usman Hamid, Titi Anggraini, Nanang Farid Syam, Fadli Ramadhanil and Ibnu Syamsu, said the findings of the Mediator and Komnas HAM concerned abuse of power and administrative flaws in the implementation. implementation of the TWK were facts.
One of the researchers, the director of the Center for Constitutional Studies (PUSaKO) of the Faculty of Law of the University of Andalas, Feri Amsari, said that the president’s attitude in this matter would be very crucial and expected. In addition to being the highest ranking official of civil servants, Jokowi also has a responsibility to ensure that the position of the 57 employees of KPK is good.
Because of this, Feri actually questioned the steps of the Palace who continued to refrain from making decisions. “This is an extraordinary question mark. Because it seems the president has his own wishes regarding employee status,” Feri said when contacted on Sunday, September 12, 2021.
Once confirmed, the Palace was still reluctant to speak. Presidential spokesperson for legal affairs Dini Purwono said on August 24, 2021 that: Jokowi comply with all recommendations of Komnas HAM and the Mediator regarding this TWK. However, Dini said Jokowi is still waiting for the legal process in the MK and MA to be completed.
Dini did not respond when reconfirmed on this matter. Meanwhile, another presidential spokesman, Fadjroel Rachman, also didn’t mean much. “We have not received any instructions regarding the above,” Fadjroel said of TWK on Sunday, September 12, 2021.
Editor’s note: the title of this news was modified on Sunday, September 12, 2021 at 6:37 p.m. WIB.
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