Lawsuit Rejected By MA, KPK Officer Status Transfer Process Continues

Deputy Chairperson of the KPK Nurul Gufron (Photo: Antara)

JAKARTA - The Corruption Eradication Commission (KPK) continues to process the transfer of its employee status to the State Civil Apparatus (ASN). This process was carried out after the Supreme Court (MA) rejected the lawsuit for judicial review of the implementation of the National Insight Test Assessment (TWK).

"Furthermore, based on the decisions of the Constitutional Court (MK) and the Supreme Court, we will continue the process of transitioning KPK employees based on Perkom Number 1 of 2021 and other laws and regulations both within the KPK and regarding ASN management," said Deputy Chair of the KPK Nurul Ghufron to reporters in a written statement. , Friday, September 10.

This process, he said, also applies to employees who have not passed the TWK and are now disabled. Moreover, the decisions of the Supreme Court and the Constitutional Court affirmed that the process of changing the status of employees to State Civil Apparatus (ASN) as regulated in Perkom Number 1 of 2021 is constitutional and legal.

Furthermore, Ghufron asked the polemic related to TWK to be stopped, especially since the decisions of the Supreme Court and the Constitutional Court were final and binding. In addition, he asked the public to guard the anti-corruption commission.

"We hope that the community will continue to participate in guarding and jointly eradicating corruption because eradicating corruption for the progress of the nation and state is a shared responsibility," he stressed. Previously, the Supreme Court rejected the TWK implementation lawsuit filed by two KPK employees, namely Yudi Purnomo Harahap 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.