BKN And KPK's Shifting Responsibilities Related To TWK Results Novel Baswedan And Colleagues

KPK Building (Irfan Meidianto/VOI)

JAKARTA - The request of 75 employees of the Corruption Eradication Commission (KPK) to obtain the results of the National Insight Test Assessment (TWK) is still far from hot. The reason is that the KPK and the State Civil Service Agency (BKN) actually throw responsibilities at each other.

This can be seen from the statement from the Head of BKN Bima Haria Wibisana who stated that the accumulated test results had been submitted to the KPK. With the submission of these results, his party no longer has documents related to the TWK of KPK employees.

The statement was made after he was asked for information regarding the implementation of the TWK by the Komnas HAM team for four hours or from 12:43 western Indonesia time until around 17:03 western Indonesia time.

"BKN received the results of the TWK, the results are cumulative, the results are in a sealed document and are currently at the KPK. BKN no longer has that document," Bima said at a press conference at the Komnas HAM office, Latuharhary street, Menteng, Central Jakarta, Tuesday, 22 June.

He also said that from the start the institution did not have the test results for each individual, as mentioned by Acting KPK Spokesperson for Enforcement Sector Ali Fikri. Bima said, since the beginning, BKN never received it because all institutions involved in the TWK process gave it accumulated.

In the process of implementing the TWK of KPK employees as a condition for the transfer of employee status, a number of institutions were indeed involved by BKN. These institutions are the TNI AD Psychology Service, the TNI AD Intelligence Center, the Strategic Intelligence Agency (BAIS TNI), the State Intelligence Agency (BIN), and the National Counterterrorism Agency (BNPT).

Returning to Bima, he said, the data is in the Army Psychology Service and the National Counter-Terrorism Agency (BNPT) and is confidential or cannot be made public indiscriminately.

"What is asked for is things that are not in the document, because this document is aggregated, not individual details. If we ask, then we will ask the owner of the instrument for the data because the instrument is not in our hands. If the Moderation Index State-68 is in the Army Psychology Service, the profiling is at the BNPT," he said.

"So I say this according to the Psychology Service of the AD and BNPT as a secret. So I'm not the one who conveyed the secret but the owner of the information. Because I as an assessor have a code of ethics, if I convey a secret I can be subject to a criminal," added Bima

Although stating this information is confidential, the results can still be disclosed by a court decision.

"Can it be disclosed? Yes, it is possible. All information in Indonesia can be disclosed if there is a court decision so that the people who provide this information are not blamed," said Bima.

The KPK previously admitted that it was trying to get the results of the assessments belonging to dozens of its employees who did not pass the TWK. Acting KPK Spokesperson for Enforcement, Ali Fikri, said he was still coordinating with the State Civil Service Agency (BKN) to request the document.

"KPK's PPID (Information and Data Management Officer) is coordinating regarding the fulfillment of the information because the copies of the documents requested are not fully under the control of the KPK," he told reporters, Tuesday, June 15.

Ali said that his party continues to work on getting the results of this TWK after receiving 30 application letters from his employees. The KPK PPID, he continued, had also responded to the letter.

In accordance with Law Number 14 of 2008 concerning the Openness of Public Information, the request must be fulfilled in writing no later than 10 working days. That time can be extended by 7 days by giving reasons for the delay in writing.

"KPK strives to be able to fulfill a copy of the request in accordance with the applicable time provisions," he said.

Urge to open TWK results

Some time ago, representatives of 75 KPK employees who were declared not to have passed the TWK and were deactivated urged the KPK to speak honestly about the results they got. According to them, although bitter, the truth is better told.

"Say the truth even if it's bittersweet. KPK employees ask the KPK Spokesperson, as the official representative of the institution, to stop blundering and misguided statements," said KPK employee Budi Agung Nugroho in a written statement, Thursday, June 17.

The head of the KPK Investigating Task Force (Kasatgas) is one of 75 employees who are now disabled because they did not pass the TWK. In his statement, the investigator who had handled the case of Komjen Budi Gunawan's fat bank account asked for information disclosure from the anti-corruption commission.

Even to obtain information disclosure related to TWK, he said there were a number of employees who did not qualify for sending letters to the KPK Information and Data Management Officer (PPID).

In the letter, there were eight points requested by the employee, namely the first about the results of the TWK assessment which included the IMB test, written test, and interview test.

The second is a complete assessment work paper from the State Civil Service Agency (BKN) on the results of the assessment for all stages of the test which at least contains the assessment methodology, assessment criteria, recorded interview results, assessor analysis, and suggestions from the assessor or interviewer.

Next is the basis or reference for determining the elements measured in the TWK assessment. The fourth is the basis or reference for determining the criteria for meeting the requirements (MS) and not meeting the requirements (TMS). The five bases or references for determining and appointing assessors.

Then the six data provided by the KPK to the assessor along with the reasons for giving and or the legal basis. The seven assessor working papers and finally the minutes of passing or not passing by the assessor or interviewer.

"Judging from the characteristics of the requested data, it should not take long to coordinate with BKN as the organizer of the TWK. Moreover, all the data should have been available even before the TWK took place," said Budi.

Budi said the submission of the data had been carried out at the office of MenpanRB Tjahjo Kumolo on April 27 2021 with a special ceremony. Not only that, he mentioned Article 6 Paragraph (1) letter g, the cooperation agreement between the KPK and BKN.

Where in the article it is stated that the KPK has the right to utilize all the results of the employee TWK assessment, reports on the implementation of TWK activities, and all data and documents produced in the implementation of TWK without the need for BKN approval.

"Except for the legal basis and assessor certificates that should have existed before the TWK, a backdate was made such as a Memorandum of Understanding between BKN and the KPK in the implementation of the TWK," said Budi Agung Nugroho.

According to Budi, the KPK as a law enforcement agency and BKN as an institution that regulates the management of state personnel, should not carry out things that are against the law.

Another KPK employee who did not pass the TWK, Novariza, accused the anti-corruption commission of being long-winded regarding requests for information disclosure requested by employees. In fact, when making Perkom Number 1 of 2021 regarding the transfer of employee status, the process was very fast.

"If in the process of implementing the Perkom the KPK can quickly coordinate the invitation which only lasts one day on the same day, then the request for the results of the employee TWK should be faster than that," said Novariza.

Furthermore, Novariza said that currently, employees are suspicious of further manipulation that will be carried out by KPK Chair Firli Bahuri and BKN Head Bima Haria Wibisana. Moreover, since the planned TWK, many manipulations have taken place.

"How can the Deputy Chairman of the Corruption Eradication Commission, Nurul Ghufron, in front of the Indonesian Ombudsman, who is investigating maladministration, shamelessly admit that the cooperation contract was deliberately backdated," he concluded.