Appreciating The Supreme Court's Decision, KPK Asks The RI Ombudsman And Komnas HAM No Longer To Deal With TWK Employees

JAKARTA - The Corruption Eradication Commission (KPK) asked the Indonesian Ombudsman and the National Human Rights Commission (Komnas HAM) not to deal with the implementation of the transfer of employee status through the National Insight Test Assessment (TWK).

This was conveyed by Deputy Chairperson of the KPK, Nurul Ghufron after the Supreme Court rejected the judicial review of Perkom Number 1 of 2021 concerning Procedures for Transferring KPK Employees to State Civil Apparatus Employees (ASN).

"This confirms that there should no longer be other institutions that accompany and compete with the authority of the Constitutional Court (MK) and the Supreme Court," Ghufron told reporters in a written statement, Friday, September 10.

He also appreciated the decisions of the Supreme Court and the Constitutional Court which declared Perkom Number 1 of 2021 to be constitutional and valid. This, said Ghufron, at the same time dismissed the findings of the Komnas HAM and the Indonesian Ombudsman which stated that there had been violations of maladministration and the rights of KPK employees.

Furthermore, Ghufron said the KPK still appreciates its employees who have used their constitutional rights to review the interpretation of the KPK Law and Perkom Number 1 of 2021. He also hopes that the decision can end the debate about the TWK of KPK employees which has been busy lately.

"With the final and binding decisions of the Constitutional Court and Supreme Court, we hope that this will end the KPK TWK debate and invite all parties to accept this decision in an adult manner," he said.

As previously reported, the Supreme Court rejected the lawsuit for the implementation of the TWK filed by two KPK employees, namely Yudi Purnomo Harahap and Farid Andhika. There are three reasons the panel of judges for the judicial review rejected the requests of the two KPK employees.

First, the panel assessed that the design of the transfer of KPK employees to ASN was substantially in accordance with the provisions of Law no. 5 of 2014 concerning the State Civil Apparatus and its implementing regulations, and one that has been accepted as an objective measure to fulfill the requirements for filling the position is the TWK which is also a requirement during the selection of ASN and during career development of civil servants. implementing regulations from PP 41/2020 and Law 19/2019 so that the TWK assessment is a tool in the form of general norms that apply to KPK employees as a formal requirement, namely KPK employees who are loyal and obedient to Pancasila, the 1945 Constitution, the Unitary State of the Republic of Indonesia, and the legitimate government as specified in Article 3 letter b of PP 41/2020. "The applicants cannot be appointed as ASN not because of the enactment of Perkom 1/2021 which is requested for testing, but because the results of the TWK assessment of the Petitioners themselves are TMS, while the follow-up of The results of the TWK assessment are the authority of the government," the assembly considered.

The third reason, the consideration of the Constitutional Court Decision Number 70/PUU-XVII/2019 and the Constitutional Court Decision Number 34/PUUXIX/2021 regarding the age issue of KPK employees who have reached the age of 35 years and are feared to lose the opportunity to become ASN are not related to the TWK assessment. "So, The considerations of the two Constitutional Court decisions above cannot be applied to the TWK assessment norms regulated in Perkom 1/2021," said the assembly.