Firli Bahuri Can Be Dismissed Due To TWK's Polemic With This Provision

KPK Chairman Firli Bahuri (Photo: KPK Public Relations Documentation)

JAKARTA - Senior researcher at the Anti-Corruption Study Center (Pukat) at the Faculty of Law, Gadjah Mada University, Zainal Arifin Mochtar, said that the chairman of the Corruption Eradication Commission (KPK) Firli Bahuri might be dismissed due to the polemic of the National Insight Test (TWK).

There are at least three legally recognized contexts for dismissing the head of the anti-corruption commission.

"Can Firli Bahuri be dismissed with an incident like this (the TWK polemic, ed)? There are three contexts that are known by law. First, immediate dismissal," said Zainal in a discussion on Examining the Meaning of Disgraceful Acts and Legal Reasons for Dismissing KPK Leaders quoted on Sunday, 27 June.

In addition to direct dismissal, there are two other contexts, namely unlawful acts and abuse of authority.

Not only that, in Article 32 Paragraph 1 of Law Number 19 of 2019 concerning the KPK, it is stated that the leadership stopped or was dismissed because of seven provisions, namely death, ending his term of office, committing a disgraceful act, and being a defendant for committing a crime.

Then, permanently unable to or continuously for more than three months unable to carry out his duties, resign and or be subject to sanctions based on this law.

"So if we look at it, the potential is not only a disgraceful act but is subject to sanctions according to this law," said Zainal.

Even so, it is necessary to further explore the context of the disgraceful acts committed by the KPK leadership. Because, the context of this action is often associated with immoral acts.

It's just that to explore the action and prove this action, said Zainal, of course, the KPK Supervisory Board must have courage.

"For example, he was caught lying under oath and did not carry out the oath, maybe, if he expanded the disgraceful meaning, then he could use an excuse not Article 32 Paragraph 1D but letter 1G that he was subject to sanctions and included in the dismissal process," he explained

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

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

According to the employees who took this test, there were a number of irregularities in the implementation of the assessment. Including the questions asked by the assessor or assessor during the interview process.

The employees said the questions asked during the TWK process violated the private sphere. These irregularities were later reported by dozens of these employees to Komnas HAM, Komnas Perempuan, to the Indonesian Ombudsman.