KPK Questions Former Employee to Return to Work After Winning KIP Case: We Will Follow Up on Post-Decision Developments

JAKARTA - The Corruption Eradication Commission (KPK) has not said much about the insistence of its former employees who won a lawsuit at the Public Information Commission (KIP) regarding the opening of the results of the national insight test (TWK).

KPK spokesman Budi Prasetyo only said that his party would follow the development of the verdict read today, February 23. As for the insistence made by the former employees, namely to be re-employed as a form of restoration of rights.

"We will both follow the developments after the resolution of the dispute in this KIP," Budi told reporters in a written statement, Monday, February 23.

Budi ensured that his agency respected every result of the trial. He also said that the KPK as a related party had provided the information needed by the KIP Assembly.

"The KPK of course respects every result of the trial. Where in the dispute hearing information between the applicant and the respondent, namely the BKN, the position of the KPK is as a related party," said Budi.

"In the trial process, the KPK in its capacity as a witness has also provided the information needed by the panel to then resolve this dispute," added Budi.

The chairman of the IM 57+ Institute, Lakso Anindito, urged the KPK to re-employ employees who were dismissed due to the national insight test (TWK) in 2021. According to him, there is no longer any reason to delay the return.

"This step is one of a series of advocacy for the return of 57 KPK employees. Through this decision, it should be further confirmed that there is no reason to delay the return of 57 employees to the KPK by the President," said Lakso in a written statement, Monday, February 23.

Similarly, Praswad Nugraha as a former investigator is also waiting for the KPK's attitude. Because, the KPK some time ago said it was waiting for the results of the KIP trial.

"Today, the result has come out. Therefore, the public is waiting for real action, not just normative statements. Consistency between words and actions is a measure of institutional integrity," he said in a written statement.

Praswad assessed that rehabilitation for employees who were removed from the KPK due to TWK must be carried out immediately. Because, this condition makes them then get a stigma of not being pancasilais to destroy the lives of employees.

"The President has also stated that there is no problem in rehabilitating the victim of TWK. Therefore, steps to rehabilitate the good name must be taken immediately," said Praswad.

"We are experiencing a character massacre. We are labeled 'red', accused of not being Pancasilais, considered no longer able to be raised as an Indonesian human being. This stigma not only hurts individuals, but also damages public reason about who is actually standing at the forefront of eradicating corruption."

As previously reported, the lawsuit of 57 former employees of the Corruption Eradication Commission (KPK) who are members of the Indonesia Memanggil (IM) 57+ Institute at the Public Information Commission (KIP) was granted. The national insight test (TWK) document that made them eliminated must be opened to applicants.

The verdict on Case Number XI/KIP-PS/2021 was read on Monday, February 23. Rospita Vici Paulyn became the Chairperson of the KIP Assembly while Arya Sandhiyudha and Samrotunnajah Ismail were members.

"Declaring that the information requested by the Applicant as referred to in paragraph 4.28 is only partially Open Information for the Applicant, as long as there is no information regarding the other party's private secrets as outlined in Article 17 letter h numbers 4 and 5 of the KIP Law," said Rospita when reading the verdict at Wisma BSG Annex Building, Central Jakarta.

The ruling also revoked the determination of the Information and Documentation Manager (PPID) of the State Civil Service Agency (BKN) Number 2 of 2021 regarding the classification of exempted information.

BKN, still in the ruling, was ordered to provide the information requested by the Applicant as referred to in paragraph 6.3 only to the applicant, in accordance with the information provision mechanism as stipulated in Article 22 paragraph 7 letter e of the KIP Law in conjunction with Article 50 paragraphs 2 and 3 of the SLIP Perki, namely blacking out or blurring information material that is excluded regarding the personal information of other parties.

"Order the Respondent (BKN) to provide the information requested by the Applicant as referred to in paragraph 6.4 to the Applicant after this decision becomes legally binding (Inkracht van Gewijsde) and impose a copying fee on the Applicant."

In its consideration, the KIP Assembly said that BKN was wrong and inconsistent because it determined that public information was public information that was excluded without first mastering the information a quo, so that the testing of BKN's consequences was declared irrelevant and should not be accepted.

BKN as the organizer of government tasks in the field of formulation and determination of technical policies, training, provision of services, control over the implementation of technical policies for ASN management, and implementation of supervision of the application of the merit system, and is authorized in the implementation of the selection process at the place of work. The applicant has the information requested.