JAKARTA - The Supreme Court (MA) has rejected a judicial review of the Corruption Eradication Commission Regulation Number 1 of 2021 concerning Procedures for Transferring Corruption Eradication Commission Employees to State Civil Apparatus Employees (Perkom 1/2021).
The judicial review of Perkom 1/2021 was proposed by two KPK employees, namely Yudi Purnomo and Farid Andhika.
"Refused the petition for objection to the judicial review rights of applicant I Yudi Purnomo and applicant II Farid Andhika. Sentencing applicant I and applicant II to pay a court fee of Rp. 1 million," stated the decision No. 26 P/HUM/2021 on the Supreme Court website, quoted by Antara, Thursday, September 9th.
The decision was based on the MA deliberation meeting on September 9 conducted by a panel of judicial review judges consisting of Supandi (MA Young Chair for the Environmental Affairs of the State Administrative Court) as chairman of the assembly accompanied by Yodi Martono Wahyunadi and Is Sudaryono as members of the assembly.
In their lawsuit, Yudi and Farid requested that Article 5 paragraph (4) of Perkom 1/2021 be declared contrary to Law no. 19 of 2019 concerning the KPK and the Constitutional Court Decision No. 70/PUU-XVII/2019 dated May 4, 2021.
Article 5 paragraph (4) of Perkom 1/2021 states, "To fulfill the requirements to become permanent employees in specialist positions and administrative positions, an assessment of the National Insight Test (TWK) is carried out by the KPK in collaboration with the State Civil Service Agency (BKN)."
There are three reasons the panel of judges for the judicial review rejected the requests of the two KPK employees.
The first reason is that the panel considers that the design for the transfer of KPK employees to ASN follows the provisions of Law no. 5 of 2014 concerning the State Civil Apparatus and its implementing regulations, and one that has been accepted as an objective measure to fulfill the requirements for filling the position is the TWK which is also a requirement during the selection of ASN and during the career development of civil servants.
Second, the assembly said that Perkom 1/2021 is an implementing regulation of PP 41/2020 and Law 19/2019 so that the TWK assessment is a tool in the form of general norms that apply to KPK employees as a formal requirement, namely KPK employees who are loyal and obedient to Pancasila. , the 1945 Constitution, the Unitary State of the Republic of Indonesia, and the legitimate government as stipulated in Article 3 letter b PP 41/2020.
"The applicants cannot be appointed as ASN not because of the enactment of Perkom 1/2021 which is requested for testing, but because the results of the TWK assessment of the Petitioners themselves are TMS, while the follow-up to the results of the TWK assessment is the authority of the government," the panel considered.
The third reason, the consideration of the Constitutional Court Decision Number 70/PUU-XVII/2019 and the Constitutional Court Decision Number 34/PUUXIX/2021 regarding the age issue of KPK employees who have reached the age of 35 years and are feared to lose the opportunity to become ASN are not related to the TWK assessment.
"So, the considerations of the two Constitutional Court decisions above cannot be applied to the TWK assessment norms regulated in Perkom 1/2021," said the assembly.
The TWK implementation at the KPK took place in March-April 2021 and was attended by 1,351 employees, but only 1,271 people passed and were inducted as ASN.
After the KPK coordinated with a number of state institutions, it was decided that of the 75 employees who did not pass the TWK, there were 24 who could be fostered, meaning that 51 employees would be dismissed.
Of the 24 people, as many as 18 people have participated in state defense training and will follow to be sworn in as ASN. This means that as many as 57 KPK employees will be honorably dismissed on November 1, 2021.
Yudi and Farid were two of the 57 employees who did not pass the TWK. Yudi Purnomo is the KPK investigator and Farid Andhika is the public complaint function. Both of them are also active in the KPK Employee Forum.
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