Firli Bahuri Affirms To Not Expel KPK Personnel Who Are Considered Contradictive

JAKARTA - Chairman of the Corruption Eradication Commission (KPK) Firli Bahuri emphasized that there was no intention of expelling his employees. He conveyed this in response to the issue of dismissal of dozens of employees who were declared not passing the National Insight Test (TWK) assessment.

This assessment was carried out on 1,351 KPK employees and as a result, 1,274 people passed the requirements, 75 did not meet the requirements, and two did not attend the interview test.

"There is no interest in the KPK, let alone individuals or groups, and there is no intention of the KPK to expel KPK personnel from the KPK. We are both fighting to eradicate corruption," Firli said at a press conference at the Merah Putih Building, Kuningan Persada, South Jakarta, Wednesday, May 5.

Even though the statement came up, a number of parties suspected that the National Insight Test (TWK) was one way to get rid of employees who had so far had high achievement and integrity. The Save KPK Coalition is one of the many parties who think this test is just a trick to smooth this out.

The coalition, which consists of a number of anti-corruption activists, including the Indonesia Corruption Watch (ICW), believes that Firli has an agenda to remove employees who are handling major cases involving ruling elements.

"We consider this as a legal circumvention from the KPK chairman who from the beginning had a personal interest and agenda to get rid of employees who are handling major cases involving powerful individuals. The above actions can also qualify as human rights violations," said the researcher. ICW Kurnia Ramadhana, who is also part of this coalition, told a press conference before the KPK announced that 75 of its employees had not passed the selection.

He said, of course, this was the wrong step taken by Firli and made the grim record of the anti-graft commission under his leadership longer.

Furthermore, Kurnia said, Firli had to obey the rule of law and the Constitutional Court's decision which emphasized that the transfer of employment status should not be detrimental to the employees of the anti-corruption commission.

Not only that, this coalition views that Firli's entry as KPK leader has a special agenda to weaken anti-graft institutions from within.

This can be seen from the non-arrest of the former PDIP candidate who bribes the KPU commissioner, Harun Masiku; omission of names in the indictment for the COVID-19 social assistance corruption case; protect witnesses in the case of the lobster seed export license bribery case; to issue a BLBI SP3; and dozens of other controversies.

In addition, this anti-corruption activist said that the KPK should not have carried out an examination. Moreover, the Corruption Eradication Commission Regulation Number 1 of 2021 also contradicts Government Regulation Number 41 of 2020 which does not mention at all the stages of selection when a personnel transfer is carried out.

"We ask to stop all forms of corruption by the KPK by eliminating employees who are recorded in history as figures who have integrity and are highly committed to eradicating corruption. These things should be exposed and investigated openly," he said.

Not only from outside parties, but this opinion also comes from the KPK Employee Body (WP). Chairman of the KPK WP Yudi Purnomo Harahap said the National Insight Test is a form of weakening the work of eradicating corruption because it has the potential to get rid of employees who are investigating major cases.

"This test can serve as a filter to get rid of KPK employees who have integrity, are professional, and have strategic positions in handling major cases at the KPK," said Yudi.

From the start, he continued, the WP KPK's attitude was clear towards this assessment by sending a letter numbered 841/WP/A/3/2021 which was sent on 4 March. They considered, TWK has the potential to be a means to get rid of employees who handle cases or occupy strategic positions.

In addition, the test, which is a new measure for passing and failing, is considered to be in violation of Article 28D (2) of the 1945 Constitution regarding the guarantee of fair and proper treatment in work relations.

"In fact (it violates, red) the KPK Law itself. Because the KPK Law and PP 14/2020 regarding the implementation of status transfer do not require TWK," he said.

TWK, continued Yudi, only appeared in Commission Regulation Number 1 of 2021 which was not even raised in the joint discussion meeting. "This raises the question, who is the internal party of the Corruption Eradication Commission who really wants to include TWK as an obligation," he said.

Furthermore, this test is also not in accordance with the principles of transparency and accountability because from the start the consequences are unclear.

Not only that, but Yudi said this was also against the Constitutional Court Decision Case Number 70 / PUU-XVII / 2019 which was read out yesterday, Tuesday, May 4. In this decision, it was emphasized that the transfer of the status of KPK employees should not be detrimental to the employee's right to be appointed as ASN.

"In this regard, the KPK leadership as the leader of the law enforcement agency should consistently implement the Constitutional Court decisions by not using TWK as a new measure in the transition process which causes loss of the rights of KPK employees," he said.

Yudi reminded that the eradication of corruption cannot be separated from the context of institutions and apparatus with integrity in its fulfillment. "All efforts that have the potential to hinder the eradication of corruption must be rejected," he said.