KPK Employees Failed To Pass TWK Submit 31 Evidence To The Constitutional Court

Illustration (Photo: Irfan Meidianto / VOI)

JAKARTA - Representatives of 75 employees of the Corruption Eradication Commission (KPK) who were declared not to have passed the National Insight Test (TWK) submitted 31 pieces of evidence to the Constitutional Court (MK). This evidence consists of 2,000 pages, consisting of various laws, regulations, to employee emails.

The evidence was submitted by the Head of the Anti-Corruption Learning Task Force of the KPK, Hotman Tambunan, and the Junior Specialist of the Directorate of Community Development and Participation of the KPK, Benydictus Siumlala Martin Sumarno.

"We ask and hope that the Constitutional Court can decide on this application before November 2021, considering that the article we are requesting is a transitional article that only applies once," Hotman said in his statement after submitting evidence at the Constitutional Court, Thursday, June 10.

This application is submitted so that the Constitutional Court's decision is not in vain. Given, there are 51 of the 75 inactive employees who will be fired effectively on November 1 next.

The employees represented by nine people as applicants submitted a judicial review of Article 69 B paragraphs 1 and 69 C of Law (UU) Number 19 of 2019 concerning the second amendment to Law Number 30 of 2002 concerning the KPK which regulates the transfer of employee status to Apparatus State Civil Service (ASN). This application was submitted on June 2.

Hotman said, this lawsuit was filed to strengthen the decision of the Constitutional Court in the case of Decision Number 70/PUU-XVII/2019 which explicitly guarantees the rights of KPK employees which cannot be changed due to the transfer of KPK employees.

Moreover, there has been an unconstitutional interpretation of Article 69 B paragraph (1) and Article 69 C of the KPK Law by using the results of the TWK assessment as the basis for determining whether a person is appointed or not to be an ASN.

According to him, this is an act that does not fulfill the constitutional guarantee of fair and proper treatment in employment relations as regulated in Article 28 (D) paragraph (2) of the 1945 Constitution as well as various international conventions that have been ratified by Indonesia.

In addition, Hotman also emphasized that TWK cannot be separated from the context of efforts to repulse the mandate of the reform movement which mandates anti-corruption institutions that cannot be intervened.

In their petition, the petitioners also stated that the Constitutional Court should decide on the interim decision in order to avoid greater losses for the applicants due to the planned termination of the TMS employee no later than the end of October.

The nine employees who became applicants were Hotman Tambunan, March Falentino, Rasamala Aritonang, Novariza, Andre Dedy Nainggolan, Lakso Anindito, Faisal, Benydictus Siumlala MS and Tri Artining Putri. These employees represent various directorates and bureaus in the KPK.