KIP Rejects Claim For Information On TWK Results Of KPK Employees

Photo by Tingey Injury Law Firm on Unsplash

JAKARTA - The Central Information Commission (KIP) has rejected a claim for information dispute from the National Insight Test Assessment (TWK) of an employee of the Corruption Eradication Commission (KPK) to become a state civil apparatus (ASN). The respondent in this lawsuit is the KPK.

"Reject the applicant's application in its entirety. To state that the information in the a quo dispute is not in the control of the respondent," said the chairman of the panel when reading the verdict.

In the trial of the disputed lawsuit, Gede Narayana sat as chairman of the assembly with members respectively M. Syahyan and Romanus Ndau.

The KIP Assembly rejected the lawsuit filed by Freedom of Information Network Indonesia (FOINI) on the grounds that the State Civil Service Agency (BKN) was the institution authorized to supervise and control the implementation of standard procedures and criteria for ASN management related to the technical implementation of TWK.

Not only that, the transfer of the status of KPK employees to ASN is a mandate from the KPK Law Number 19 of 2019, PP Number 41 of 2021, and Commission Regulation Number 1 of 2021 and in its implementation cooperates with BKN.

"As referred to by the authority, the facts obtained in a closed trial and the facts obtained in the trial that the respondent in the implementation of the TWK assessment only received the results of the TWK assessment which was then used as a process of transitioning KPK employees to ASN so that the information that was the subject of the petition in the a quo dispute was not in the control of the respondent," said the panel.

Therefore, based on this description, the assembly is of the opinion that pursuant to Article 6 Paragraph 3 of the UU KIP, public bodies may refuse to provide public information requested in the a quo information that has not been mastered.

Previously, a number of KPK employees who did not pass the TWK filed a lawsuit for disclosure of information related to the results of the KPK TWK to the Central Information Commission (KIP). This report was submitted by three non-active Corruption Eradication Commission (KPK) employees, namely Hotman Tambunan, Ita Khoiriyah, and Iguh Sipurba.

The three said that this lawsuit was filed to obtain the results of the national insight test. Prior to filing the lawsuit, they had requested written approval from the KPK Information and Data Management Officer (PPID) to access the information, but the information was not provided.

"KPK employees have submitted applications through the PPID mechanism in accordance with the law, but the KPK still does not provide information on the results of the TWK," said Hotman in Jakarta, Monday, September 13.