Memorandum Of Understanding On Implementation Of TWK For KPK Employees Made Back Date, Legal Expert: Potentially Criminal!

JAKARTA - A legal expert from Trisakti University Abdul Fickar Hadjar said there was potential for criminality from the findings of maladministration of the National Insight Test Assessment (TWK) for employees of the Corruption Eradication Commission (KPK) by the Indonesian Ombudsman.

This finding relates to the manipulation of the memorandum of understanding and the contract signed by the KPK and the State Civil Service Agency (BKN) to implement TWK as a condition for the transfer of employee status.

The Ombudsman stated that there was a change in the date or backdate of the memorandum of understanding for the procurement of goods and services through self-management and self-management contracts for the implementation of TWK. Thus, the test was carried out before the agreement between the KPK and BKN was signed.

"The agreement signed as if it had been signed earlier was actually a manipulation step," Fickar told VOI, Monday, July 26.

This allegation of manipulation is strengthened if it is intended to cover up events that tend to harm others. In addition, this alleged manipulation also intersects with giving false information.

Thus, according to Fickar, the back-dated signing of this memorandum of understanding can be subject to criminal threats as regulated in Article 242 of the Criminal Code with a sentence of 7 years in prison for the perpetrators.

"This means lying, which in a criminal perspective is regulated in Article 242 of the Criminal Code with a threat of 7 years in prison which regulates false information or lies given by someone," he said.

This article, said Fickar, can also be used to report the signing of the minutes of the harmonization meeting conducted by parties who were not present. Previously, as many as 75 KPK employees who were declared not to have passed the TWK reported their fate to a number of institutions such as Komnas HAM and the Indonesian Ombudsman. This report was made because they suspected that there was a violation that occurred in the test.

After examining a number of parties, including the Deputy Chairman of the KPK, Nurul Ghufron, the Indonesian Ombudsman then announced the findings on Wednesday, July 21 yesterday. They said there was maladministration from the planning process to the appointment of employees as State Civil Apparatus (ASN).