JAKARTA - 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 decision of Case Number XI/KIP-PS/2021 was read today, 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 the management of ASN, 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 of the Applicant, has the information requested.
Regarding this decision, Hotman Tambunan as a former KPK employee stated that this victory was not only for the TWK victim. "But for all forms of intimidation and manipulation of anti-corruption and democracy," he said in a written statement.
Meanwhile, the Chairman of the IM 57+ Institute, Lakso Anindito, emphasized that this decision was a form of advocacy for the return of dozens of employees who were eliminated in the era of KPK Chairman Firli Bahuri.
"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," he concluded.
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