The Supreme Court's Response To TWK, Novel: We Wait For The Resolution From The President

Novel Baswedan (Wardhany Tsa Tsia/VOI)

JAKARTA - Inactive Corruption Eradication Commission (KPK) employee Novel Baswedan said he was waiting for President Joko Widodo (Jokowi)'s steps regarding the fate of KPK employees who did not pass the National Insight Test (TWK) as a State Civil Apparatus (ASN) according to the decision of the Supreme Court (MA) .

This was conveyed in response to the Supreme Court's decision to reject the judicial review related to Commission Regulation Number 1 of 2021 regarding the transfer of the status of KPK employees.

"Considering that in accordance with JR from the Supreme Court, which stated that the follow-up to TMS is the government's domain, then we will only wait for a response from the President regarding this matter," Novel said in a written statement to reporters quoted on Friday, September 10.

He then mentioned that the KPK employees who were declared unsuccessful had submitted an administrative appeal to the President as the superior of the KPK leadership last July but had not received a response. This submission was made after they submitted an objection to the KPK leadership which resulted in a rejection.

However, the employees consider that this administrative appeal has been accepted because it is based on Article 77 Paragraph 4 of Law Number 30 of 2014.

"Based on Article 77 paragraph (4) of Law Number 30/2014 concerning Government Administration that within 10 working days after an administrative objection or appeal is submitted and it is not answered, it is considered accepted," he said.

In addition, this non-active investigator also said that the implementation of TWK was also full of unlawful acts based on the findings of the Indonesian Ombudsman and Komnas HAM. So, President Jokowi should have resolved this employment status polemic.

"Based on these things, with the decisions of the Constitutional Court, Supreme Court, administrative appeals, recommendations from the Indonesian Ombudsman and the recommendations of the National Human Rights Commission, now we are just waiting for the resolution of this problem from the President," he said.

As previously reported, the Supreme Court (MA) 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.

There are three reasons the panel of judges for the judicial review rejected the requests of the two KPK employees. First, the panel assessed that the design of the transfer of KPK employees to ASN was substantially in accordance with 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.