Appreciating KIP's Decision, KPK Confirms Not To Hold TWK Results Documents

JAKARTA - The Corruption Eradication Commission (KPK) appreciates the decision of the Central Information Commission (KIP) which rejected the lawsuit for opening the document from its employees' National Insight Test Assessment (TWK). This refusal is also considered to further strengthen that his party did not keep or hold the document.

"KPK appreciates the decision of the KIP commissioner assembly which has objectively considered various information, data, and information related to the settlement of this information dispute," said Acting KPK Spokesperson for Enforcement Sector Ali Fikri to reporters, Tuesday, November 2.

According to him, the decision reaffirmed that his party had complied with the applicable procedures and rules in the process of changing the status of employees to state civil servants (ASN). In addition, the KPK also only serves as an object that is required to provide data on employees who will take part in the assessment where the implementation is under the authority of the State Civil Service Agency (BKN).

"Furthermore, the KPK only accepts the results of the TWK assessment which is then used as a follow-up to the process of transferring employees to become State Civil Apparatus," said Ali.

The document, continued Ali, was declared confidential so it could not be given to the KPK. "So we did not keep or hold the requested documents," he said.

Apart from being confidential, documents containing questions and guidelines as requested by the applicant are not provided to prevent conflicts of interest.

"BKN has informed that the question documents and interview guides are confidential, so these documents are also not given to the KPK," said Ali.

As previously reported, KIP has rejected a claim for information dispute on the results of the National Insight Test Assessment (TWK) for employees of the Corruption Eradication Commission (KPK) to become state civil servants (ASN). The respondent in this lawsuit is the KPK.

"Reject the applicant's application in its entirety. To state that the information in the a quo dispute is not in the control of the respondent," said the chairman of the panel when reading the verdict.

In the trial of the disputed lawsuit, Gede Narayana sat as chairman of the assembly with members respectively M. Syahyan and Romanus Ndau.

The KIP Assembly rejected the lawsuit filed by Freedom of Information Network Indonesia (FOINI) on the grounds that the State Civil Service Agency (BKN) was the institution authorized to supervise and control the implementation of standard procedures and criteria for ASN management related to the technical implementation of TWK.

Not only that, the transfer of the status of KPK employees to ASN is a mandate from the KPK Law Number 19 of 2019, PP Number 41 of 2021, and Commission Regulation Number 1 of 2021 and in its implementation cooperates with BKN.

"As referred to by the authority, the facts obtained in a closed trial and the facts obtained in the trial that the respondent in the implementation of the TWK assessment only received the results of the TWK assessment which was then used as a process of transitioning KPK employees to ASN so that the information that was the subject of the petition in the a quo dispute was not in the control of the respondent," said the panel.

Therefore, based on this description, the assembly is of the opinion that pursuant to Article 6 Paragraph 3 of the UU KIP, public bodies may refuse to provide public information requested in the a quo information that has not been mastered.