Corruption Eradication Commission Employees Who Failed The National Insight Test Revoke Application For Judicial Review At The Constitutional Court

JAKARTA - As many as nine employees of the Corruption Eradication Commission (KPK) who did not pass the National Insight Test (TWK) have withdrawn the application for judicial review submitted to the Constitutional Court (MK).

This judicial review is related to Article 69 B paragraph (1) and 69C of Law Number 19 of 2019 concerning the KPK which regulates the transfer of employee status to state civil apparatus (ASN).

"A total of nine KPK employees who became applicants in the judicial review of the law at the Constitutional Court revoked their applications on June 18, 2021", said the head of the inactive KPK Anti-Corruption Learning Task Force (Kasatgas) Hotman Tambunan in a written statement, Tuesday, June 22.

This withdrawal is based on two reasons. First, the Constitutional Court has provided a strict legal umbrella regarding the transfer of the status of KPK employees to Civil Servants (ASN) as stated in the consideration of Decision Number 870/PUU-XVII/2019.

In considering the decision, the Constitutional Court stated that there were provisions for the mechanism for transferring the status of KPK employees to ASN employees to provide legal certainty in accordance with the factual conditions of KPK employees.

So the Constitutional Court needs to emphasize that the transfer of the status of the anti-corruption commission employees to ASN should be in accordance with the Transitional Provisions of Law Number 19 of 2019.

The second reason, Hotman said, was that the consideration of the Constitutional Court's decision was binding on all parties. "Thus, the two reasons have clearly and clearly provided legal guidelines in transferring the status of KPK employees to ASN", he said.

Previously, nine KPK employees registered a judicial review of Article 69 B paragraph 1 and 69 C of the KPK Law. This application was submitted on June 2, or exactly one day after the inauguration of 1.231 KPK employees who passed the TWK to become ASN.

This lawsuit was filed to strengthen the decision of the Constitutional Court in the case of Decision Number 70/PUU-XVII/2019 which expressly guarantees the rights of KPK employees which cannot be changed due to the transfer of KPK employees.

The nine employees who are applicants are Hotman Tambunan, March Falentino, Rasamala Aritonang, Novariza, Andre Dedy Nainggolan, Lakso Anindito, Faisal, Benydictus Siumlala MS, and Tri Artining Putri. These employees represent various directorates and bureaus in the KPK.