Considered To Be Adverse, MAKI Submits A Material Test To The Constitutional Court Against The Dismissal Of 51 KPK Employees

JAKARTA - The Indonesian Anti-Corruption Society (MAKI) will submit a judicial review to the Constitutional Court (MK). This lawsuit was filed in connection with the dismissal of 51 employees of the Corruption Eradication Commission (KPK) of 75 employees who did not pass the National Insight Assessment (TWK).

MAKI coordinator Boyamin Saiman said that this lawsuit was filed because of the consideration of the Constitutional Court decision some time ago, stating that the process of changing the employment status of the KPK to ASN should not be detrimental to employees.

"However, the current leadership of the KPK contradicts the considerations of the Constitutional Court's decision, namely that they want to dismiss 51 KPK employees who have red status and cannot be coached anymore," Boyamin told reporters, Thursday, May 27.

Thus, MAKI intends to submit a judicial review to the Constitutional Court with the aim of making the considerations of the Constitutional Court's decision stronger and binding. "Later it will be the final decision of the MK product," he said.

Boyamin also said that this judicial review at the same time tested Article 24 and Article 69C of Law Number 19 of 2019. The meaning of the article will be asked to be tested as follows:

First, the provisions of these articles are contrary to the 1945 Constitution as long as it does not mean that the transition to ASN must not be detrimental to the right of KPK employees to be appointed as ASN for any reason;

Second, KPK employees may not be dismissed as long as they do not violate the law based on a court decision with permanent legal force and or do not violate serious ethics based on the decision of the KPK Supervisory Board.

"The plan, this material test will be submitted next week," he said.

Furthermore, Boyamin asked the KPK, the State Civil Service Agency (BKN), and the Ministry of National Education and Culture (KemenPANRB) not to pre-fire 51 KPK employees. He asked that this be done after there was a decision by the Constitutional Court (MK).

"And asked the 75 KPK employees who did not pass TWK to carry out their duties and authority fully as before," he said.

Previously reported, the KPK has held a coordination meeting to discuss the fate of 75 employees who failed the National Insight Assessment (TWK) and were disabled. Apart from the KPK and the National Civil Service Agency (BKN), this meeting was also attended by the Minister of Law and Human Rights Yasonna Laoly and MenPANRB Tjahjo Kumolo.

As a result, 51 KPK employees out of a total of 75 employees who did not pass TWK were confirmed to be fired from their jobs as of 1 November. While 24 employees are still possible for guidance.

The National Insight Test (TWK) was attended by 1,351 KPK employees. Of these, 1,274 people were declared eligible.

Meanwhile, 75 employees including Novel Baswedan, Chairman of the KPK Employee Council who is also investigator Yudi Purnomo, Director of Anti-Corruption Socialization and Campaign Giri Suprapdiono, KPK Head of Task Force Harun Al-Rasyid, and Director of PJKAKI Sujarnarko were declared ineligible (TMS). Next, two other employees did not attend the interview test.