Lawsuit Regarding TWK Rejected By Supreme Court, Yudi Purnomo: Follow-up On Results Is Not The Authority Of The KPK, But The Government

The Commission's Employee Center (Photo: Wardhany Tsa Tsia/VOI)

JAKARTA - Inactive KPK employee Yudi Purnomo said his party was waiting for President Joko Widodo's (Jokowi) policy regarding the fate of dozens of other employees who were declared not to have passed the National Insight Test (TWK).

Moreover, the decision of the Supreme Court (MA) stated that the follow-up to the assessment results was the authority of the government.

Yudi is one of two employees who submitted a judicial review to the Supreme Court regarding Perkom Number 1 of 2021 concerning Procedures for Transferring the Status of KPK Employees to State Civil Apparatus Employees (ASN).

"The Supreme Court judge explicitly and clearly stated that the follow-up to the results of the TWK assessment is the authority of the government, not the KPK. Therefore, we are waiting for a policy from the president regarding the results of the TWK assessment of KPK employees who have not yet been appointed as ASN according to the order of the KPK Law," said Yudi in a written statement received by VOI, Friday, September 10.

He also said that the Supreme Court's decision was not much different from the Constitutional Court (MK) which stated that TWK for KPK employees could be implemented. However, what must be remembered is that the implementation of this assessment must be transparent and accountable, not as it is now.

"But in reality it turns out that the findings of the Indonesian Ombudsman show maladministration and 11 violations of human rights from the findings of the National Human Rights Commission," said Yudi.

As previously reported, the Supreme Court rejected the lawsuit for the implementation of the TWK 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.