JAKARTA - Trisakti University criminal law expert Abdul Fickar Hadjar said senior investigator Novel Baswedan and 74 KPK employees who were declared not to pass the National Insight Test were then disabled could sue to the State Administrative Court (PTUN).
Lawsuits related to the deactivation policy can be done because the kpk leadership has misinterpreted the KPK Law No. 19 of 2019. Especially, related to the transfer of employee status from independent to State Civil Apparatus (ASN).
"If the kpk leadership, especially the Chairman of the KPK, commits the deactivation of 75 KPK employees, this is an arbitrary action and must be resisted through legal efforts to the court, in ptun-kan verdict," Fickar said when contacted by VOI, Saturday, May 15.
The misinterpretation was obvious, he said. Because, when the KPK Law 19 Year 2019 revised results are applied then the employees of the antirasuah commission should automatically become ASN and not based on the assessment of the National Insight Test (TWK).
"This is because the KPK entrance test should be considered as part of the ASN entrance test. Therefore, if there is a weakness in the national insight with the size of the test results, then the addition is not to terminate the rights of KPK employees as ASN," he said.
Thus, Fickar assessed that there was no reason for the KPK leadership to disable 75 employees. "In the event of deactivation, this is clearly a detrimental misrepresentation," he said.
"Even though there is a legal message over the status it should not harm kpk employees," added Fickar.
Furthermore, he also hopes, President Joko Widodo (Jokowi) can intervene to complete this polemic. The trick, by ordering the Coordinating Minister for Political Law and Security (Menko Polhukam) Mahfud MD to call the Chairman of the KPK Firli Bahuri.
"Because the KPK is already under the executive, the President must order the Minister of Police to call the Chairman of the KPK to cancel the decision," he said.
Previously reported, the kpk leadership issued Decree No. 652 of 2021 concerning TWK Results conducted by 1,349 employees.
This letter contains four points, including asking employees who do not pass TWK to hand over their duties and responsibilities to their superiors.
The 75 employees are Novel Baswedan, Chairman of kpk employee forum who is also an investigator Yudi Purnomo, Director of Socialization and Anti-Corruption Campaign KPK Giri Suprapdiono, Kasatgas KPK Harun Al-Rasyid, and Director PJKAKI Sujarnarko.
However, kpk excused not to deactivation of dozens of people. "We can explain that at this time the employee is not disabled because all rights and responsibilities of staffing still apply," KPK Spokesman Ali Fikri told reporters on Tuesday, May 11.
The purpose of the submission of duties and responsibilities as written in the Decree, claimed solely for the effectiveness of the implementation of corruption eradication tasks can run.
"The handover of this task is done solely to ensure the effectiveness of the implementation of tasks in the KPK so as not to be constrained and avoid any legal problems related to the handling of ongoing cases," he said.
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