KPK Reaffirms TWK Assessment Is Not Contrary To The Constitution And Has Followed Applicable Provisions

Acting KPK Spokesperson for Enforcement Sector Ali Fikri (Photo: Antara)

JAKARTA - The Corruption Eradication Commission (KPK) has reaffirmed that the National Insight Test (TWK) assessment as a condition for the transfer of their employment status is in accordance with the constitution and does not conflict with the rules.

This was conveyed in response to a letter sent by the Indonesian Ombudsman to President Joko Widodo (Jokowi) and the Indonesian House of Representatives.

The content of the letter is to propose to the president to impose sanctions on the KPK leadership and the head of the National Civil Service Agency (BKN) because they did not carry out the recommendations regarding the transfer of status of 75 KPK employees through the TWK assessment.

Acting KPK Spokesperson for Enforcement, Ali Fikri, said that his institution would respect the submission of the letter. However, they firmly stated that no rules were violated.

"In principle, the KPK respects the submission of the letter. However, we need to reiterate that the transfer of the status of KPK employees to ASN who have been inaugurated as of June 1 last year has gone through stages that are in accordance with the legal basis, mechanism, and involvement of agencies that have the authority and competence," said Ali in a written statement to reporters, Monday, April 4.

Ali then mentioned that this process has also been tested by the Constitutional Court (MK). As a result, the TWK that its employees run when they are about to change status is constitutional and does not conflict with the 1945 Constitution.

In addition to the Constitutional Court, the Supreme Court (MA) has also confirmed that the design of the transfer of employment status to ASN is in accordance with Law Number 5 of 2014 concerning ASN and its implementing regulations.

Likewise with the decision of the Central Information Commission (KIP), which strengthens the management of data and information related to the KPK. the process of transferring employees to ASN has complied with procedures and is in accordance with the corridors of public information management.

With the various decisions above, Ali then asked all parties to respect the existing decisions. He asked that all existing polemics be silenced while waiting for the submission process to take place at the State Administrative Court (PTUN).

"KPK hopes that all parties respect these decisions, while waiting for the ongoing testing process at the Administrative Court," he said.

The Indonesian Ombudsman in his letter proposed that President Jokowi impose sanctions on the KPK leadership and the BKN head for not following up on their recommendations regarding the transfer of 75 KPK employees to ASN. This letter was sent on March 29 last.

In his letter, the Ombudsman asked President Jokowi and the Indonesian House of Representatives to impose sanctions for violating Article 39 of the Ombudsman Law and Article 36 paragraphs (2) and (3), Article 54 paragraphs (5) and (7) along with an explanation of the Public Service Law. The sanctions given include the release of positions.