Pro -Corruption And Allowing The Validation Of The KPK Law, Finding The Difference Between The Two

JAKARTA - The national insight test of the Corruption Eradication Commission (KPK) employees has been completed. The National Civil Service Agency (BKN) has submitted the test results to the KPK. A number of caliber investigators were reportedly eliminated through this test, including Novel Baswedan. This test is said to be just a camouflage to pull the KPK off the path of eradicating corruption. President Joko Widodo (Jokowi) is responsible for this.

We can't say Jokowi is pro-corruption, of course. But what is clear is that Jokowi supports the ratification of the Corruption Eradication Commission Law Number 19 of 2019. What is the difference between the two things? I have no idea. What is clear, this national insight test is a direct implication of the ratification of the KPK Law. As stipulated in the law, KPK employees are required to undergo tests as part of the process of changing their status to become the state civil apparatus (ASN).

The KPK has not clearly confirmed the news about the failure of Novel and a number of other KPK employees who are considered caliber in fighting corruption. KPK Secretary General Cahya H. Harefa said the results of the assessment of 1,349 KPK employees were still sealed since they were received on 27 April. Cahya could not answer much except to promise an open announcement of the results of the assessment as a form of KPK transparency, he said.

"Currently, the results of the assessment of the national insight test are still sealed and stored safely at the KPK's Red and White House," Cahya said in a written statement, quoted by VOI, Tuesday, May 4.

Indonesia Corruption Watch (ICW) sees this KPK employee test as a scenario designed to kill the KPK. This scenario can be traced. The KPK Law, which was passed by Jokowi and the DPR, was the first part of the plot. After that, Firli Bahuri entered as Chairman of the KPK. And this stage of eliminating the employees that ICW calls integrity is the final phase. All this chaos, said ICW, could not be separated from the roles of Jokowi and the DPR.

"This is because the two branches of power agreed to revise the Corruption Eradication Commission Law and include controversial regulations in the form of transfer of employment status to state civil servants. Not to forget, this is also the result of a bad policy by the KPK Commissioner when it passed the Corruption Eradication Commission Regulation No. 1/2021 which include the assessment of the national insight test, "ICW wrote in a press release.

On Firli's side, what happened today confirmed the grim lines of the face of the KPK under the command of the Police General. There are several ICW records for Firli's leadership, ranging from reluctance to process Harun Masiku, the removal of names of politicians in social assistance corruption charges, to leaking of information on a number of searches. And on Jokowi's side, the President should no longer talk about the spirit of strengthening the KPK.

"For this reason, finally the public's concern over the policy of President Joko Widodo and the DPR who chose to revise the KPK Law and appoint a commissioner full of controversy was proven. Instead of strengthening, what appears is a scenario to remove the KPK from the arena of eradicating corruption in Indonesia," ICW.

Director of the Center for Constitutional Studies (Pusako) Andalas University, Feri Amsari, highlighted one of the most basic things from this national insight test: foundation. The national insight test is actually not in accordance with the Corruption Eradication Commission Law. Indeed, KPK employees will be converted into ASN status. However, this test scheme was designed through regulations made by the KPK itself.

"The test is not in accordance with the new KPK Law because there is no provision regarding the status transfer test. The desire for the test is more than the will of the KPK leadership through commission regulations. So administratively problematic," said Feri Amsari.

This was acknowledged by KPK Secretary General Cahya H. Harefa. The requirements for transferring employee status through a national insight test are based on Commission Regulation Number 1 of 2021 concerning Procedures for Transfer of KPK Employees to ASN.

Employees must sign a statement of willingness to become a civil servant and are required to take the national insight test assessment. However, the article does not explain the consequences if employees fail to pass the test.

It does not clearly regulate the fate of permanent employees, the regulations specify the fate of non-permanent employees. They are required to take a socio-cultural, technical and managerial competency assessment test held by the KPK Secretary General. Article 13 number (5) states that temporary employees who do not pass the competency assessment can still become temporary employees until 2023.

Article 5 of the regulation, which was signed by KPK chairman Firli Bahuri on January 27, was also highlighted. This article regulates the prohibition for KPK employees from joining prohibited organizations. Like ICW's attitude, Feri also sees this test as far-fetched. Nothing more than camouflage to get rid of the figures holding the cards for handling megacorruption cases. More than that, the test of the national insight of the KPK has also violated a number of ethical cases.

"The test contains things that are odd and far-fetched. For example, questions related to FPI and employees' opinions on government programs. Even though employees should not ethically deal with political debates and they cannot show support or not support for government programs because it could be a program. it is related to a corruption case, "said Feri.

Regarding the contents of the test that were odd and far-fetched, VOI confirmed it to a source inside the KPK. He gave the main points of the test. According to him, the national insight test consisted of a number of multiple choice items and several essays. The problem is easy but strange. Some of the odd questions he caught were about FPI, HTI, and LGBT. In addition, the issue of racism is also raised.

Tuesday, May 4, the Constitutional Court rejected the request for a judicial review of Law Number 19 of 2019 concerning the Corruption Eradication Commission (KPK). The material review was submitted by former KPK commissioners Agus Rahardjo, Laode M. Syarif, and Saut Situmorang, as well as several other people.

"As for the verdict, to judge in provisional refusal of the petitioners' request for provision, in the prokok of the petition, they completely reject the petition," said Chief Justice of the Constitutional Court Anwar Usman at the Constitutional Court Building while tapping the hammer, Tuesday, May 4.

The panel of judges is of the opinion that the petitioners' petition is legally groundless in its entirety. Then, the Constitutional Court Judge Wahiddudin Adams had a dissenting opinion regarding the formal petition for judicial review of the KPK Law.

The three former KPK commissioners submitted requests for judicial review on behalf of individuals and Indonesian citizens. In total, there are 13 applicants under their personal names. Among them are former KPK commissioners Mochammad Jasin and Erry Riyana Hardjapamekas, as well as a number of other anti-corruption activists.

In this petition, they submitted a formal judicial review, namely a review of the process of forming a Law. Broadly speaking, there are three points that are not in line with the requirements for the formation of laws in the KPK Law.

First, the discussion process is carried out in a hurry. This law was not included in the prolegnas but suddenly appeared. Second, the discussion does not involve public consultation. In fact, the inventory list of legal problems was not shown to the KPK as the main stakeholder. Third, about academic papers that have never been shown to the public.

Mass protests took place against the ratification of the KPK Law. However, the DPR and Jokowi have repeatedly thrown responsibility until the KPK Law is valid by itself on October 17, 2019. Yes, Jokowi did not sign the KPK Law. But Jokowi allowed the KPK Law to be legal. This is in accordance with Article 20 paragraph 5 of the 1945 Constitution:

In the event that the draft Law which has been jointly approved is not ratified by the President within thirty days of the approval of the draft Law, the draft Law is valid to become a Law and must be promulgated.

The KPK Law itself was passed in the DPR plenary session on September 17, 2019. Article 20 paragraph 5 was strengthened by Law 15/2019 concerning Amendments to Law 12/2011 concerning the Formation of Legislation. Article 73 paragraph 2 of the Law states:

In the event that the Draft Law as referred to in paragraph (1) is not signed by the President within 30 (thirty) days from the time the Draft Law is mutually approved, the Draft Law is valid to become a Law and must be promulgated. .

Jokowi actually has the opportunity to thwart the ratification of the KPK Law, including through the issuance of a government regulation in lieu of a law (perppu), as proposed by many anti-corruption activists. However Jokowi refused.

* Read other information about the KPK or read other interesting articles from Wardhany Tsa Tsia and Yudhistira Mahabharata.