Komnas HAM: Involvement Of BAIS, BIN And BNPT In TWK KPK Employees Have No Legal Basis

Komnas HAM Commissioner Choirul Anam/DOK VOI- Wardhany Tsa Tsia

JAKARTA - The National Human Rights Commission (Komnas HAM) said that the involvement of third parties in the implementation of the National Insight Test Assessment (TWK) for employees of the Corruption Eradication Commission (KPK) has no legal basis.

The third parties in question are the TNI Strategic Intelligence Agency (BAIS), the Army Psychology Service, the National Counter-Terrorism Agency (BNPT), and the State Intelligence Agency (BIN).

Komnas HAM commissioner Choirul Anam said the involvement had no legal basis because the memorandum of understanding used by the KPK and the State Civil Service Agency (BKN) was not used. In addition, the signing of the document has also been found to manipulate the date or back date.

"Thus, BKN's cooperation with third parties such as BAIS, the Department of Psychology AD, BNPT, and BIN also has no legal basis," Anam said in an online press conference, Monday, August 16.

According to him, the cooperation does refer to the Regulation of the Head (Perka) of BKN and the form of Commission Regulation (Perkom) Number 1 of 2021. "However, the technical implementation of the cooperation is carried out without a clear legal basis. Moreover, in substance, content and substance of the Perka The BKN is not suitable to be used as a reference for cooperation with third parties," said Anam.

In addition, Komnas HAM also assessed that the assessors involved in the TWK of KPK employees had violated the code of conduct. One of them is by taking intimidating actions such as pounding the table and harassing women with questions or statements submitted.

"Thus, the credibility of the assessor can be judged not to be in accordance with legal regulations and codes of ethics and lead to actions that degrade human dignity in the stage of conducting the TWK assessment without any explanation, deepening, and clarification regarding the aims and objectives as well as indicators for the statements and questions asked. "explained Anam.

Previously reported, Komnas HAM found that 11 human rights were violated in the implementation of the TWK of KPK employees. The eleven rights that have been violated are the right to justice and legal certainty; women's rights; the right not to discriminate; the right to freedom of religion and belief; right to work; and the right to security.

The next right that is violated is the right to information; right to privacy; the right to freedom of assembly and association; the right to participate in government; and the right to freedom of expression.