KPK Chairman Firli Bahuri Et Al Do Not Attend Komnas HAM Summons, MAKI Submits Judicial Review To MK

KPK Chairman Firli Bahuri (Photo: KPK Public Relations)

JAKARTA - The Indonesian Anti-Corruption Society (MAKI) plans to submit a judicial review or judicial review of Law Number 39 of 1999 to the Constitutional Court (MK).

This is done if the Chairman of the KPK Firli Bahuri and other leaders are not present when summoned and examined by Komnas HAM regarding the implementation of the National Insight Test Assessment (TWK).

"If this judicial review is granted, it will give Firli Bahuri, the Chairperson of the KPK, the right and a solid foundation to reject Komnas HAM's summons," said MAKI Coordinator Boyamin Saiman in a written statement, Thursday, June 10.

However, if the opposite is true, then the Chairperson of the KPK and all parties summoned by Komnas HAM must attend. "Because no special human being is immune from the process at Komnas HAM," he said.

Boyamin said there are a number of articles in Law No. 39/1999 that will be challenged. The first is Article 89 Paragraph (3) letter c which reads: Komnas HAM has the authority to summon the complainant or victim as well as the party being complained about for questioning and hearing.

"(This, ed) is contrary to the 1945 Constitution as long as it is not interpreted to apply to all Indonesian citizens, government agencies and private legal entities except for the Chairman of the KPK Firli Bahuri and or other KPK leaders," he said.

Furthermore, MAKI will also sue Article 94 Paragraph (1) which reads: The complainant, victim, witness, and or other related parties as referred to in Article 89 Paragraph (3) letters c and d, must fulfill the request of Komnas HAM. According to him, this article applies to all Indonesian citizens, government agencies, and legal entities but not to Firli Bahuri et al.

Finally, a judicial review lawsuit will also be filed for Article 95 which reads: If a person who is summoned does not appear before or refuses to give a statement, Komnas HAM may request assistance from the Head of the Court to fulfill the summons by force in accordance with the provisions of the legislation. Just like the previous two articles, he said that this rule does not apply to Firli Bahuri et al.

"This judicial review is taken seriously, not meant to insinuate anyone. It's not meant to give special privileges to Firli Bahuri," he said.

"However, if this judicial review is granted, it shows that KPK Chairman Firli Bahuri is a special person so he needs to be given immunity from Komnas HAM's summons," added Boyamin.

It was previously reported that none of the KPK leaders attended the summons from Komnas HAM on Tuesday, June 8 and chose to send a letter. The summons was related to the implementation of the TWK which resulted in the inactivation of 75 anti-corruption commission employees, including senior investigator Novel Baswedan.

"Monday, June 7, 2021, the KPK leadership has sent a letter to Komnas HAM asking for an explanation of what human rights were violated in the implementation of the transfer of the status of KPK employees," Acting KPK Spokesperson for Enforcement Affairs Ali Fikri told reporters.

Furthermore, Ali emphasized that the transfer of employment status carried out by the KPK was a law mandate. The implementation of the TWK which is a requirement is also in accordance with the applicable mechanisms and laws.

For information, the National Insight Test was attended by 1,351 KPK employees. Of these, 1,274 people were declared eligible.

Meanwhile, 75 employees including Novel Baswedan, Chairman of the KPK Employee Forum who is also investigator Yudi Purnomo, Director of Anti-Corruption Campaign and Socialization of the KPK Giri Suprapdiono, Head of the KPK Task Force Harun Al-Rasyid, and Director of PJKAKI Sujarnarko were declared ineligible (TMS). While the other two employees did not attend the interview test.

According to the employees who were declared unsuccessful, there were a number of anomalies in the implementation of this assessment. Including, there are a number of questions that are considered to violate the private sphere.

These employees who did not pass, then reported the implementation of the TWK to Komnas HAM. Subsequently, a special team was formed, led by two commissioners, namely Choirul Anam and Sandrayati Moniaga to investigate the alleged human rights violations in this test.

In addition to submitting reports to Komnas HAM, these employees also report their leadership to a number of parties, from the KPK Supervisory Board to the Indonesian Ombudsman.