Komnas HAM Affirms Findings Of TWK Violations Cannot Be Compared To Supreme Court And Constitutional Court Decisions

Commissioner of the National Human Rights Commission (Komnas HAM) Choirul Anam/DOK Wardhany Tsa Tsia-VOI

JAKARTA - Commissioner of the National Human Rights Commission (Komnas HAM) Choirul Anam emphasized that his findings regarding violations in the National Insight Test Assessment (TWK) for KPK employees cannot be compared with the decisions of the Supreme Court and the Constitutional Court.

He also said the decisions of the two institutions would not affect the recommendations issued by Komnas HAM and had been submitted to President Joko Widodo (Jokowi) some time ago.

"In principle (the decision of the Supreme Court and the Constitutional Court, ed) does not affect the (recommendations, ed) of the National Human Rights Commission," Anam told reporters in Jakarta, Friday, September 10.

He said the ruling differed from the findings and recommendations produced by his agency.

"The Constitutional Court and the Supreme Court are normative while Komnas HAM speaks factually and indeed what Komnas HAM has done is not a reference in the two decisions. If it was a reference, it might be different," said Anam.

He also considers it inappropriate if there are parties who say the decisions of the Supreme Court and the Constitutional Court are superior so that Komnas HAM's recommendations can be ignored. Moreover, based on the institution's findings, the implementation of TWK as a condition for the transfer of employee status had many violations.

One of the violations of the law that he mentioned was the transfer of status to employees. According to the law, employees don't actually need to be selected, but the opposite is the case.

In addition, Anam also brought up that there was not a single article in the commission's regulation related to TWK that said KPK employees who did not qualify would be fired.

"Please show us that there is no article in the Perkom that talks about dismissal. There is nothing. The title is Perkom just changing status, the one who fires and doesn't fire is TWK," he said.

"The implementation of this TWK is not in accordance with the implementation of the law. The law changes its status, why is the TWK dismissed. Moreover, this dismissal is based on a very serious note," added Anam.

He hopes that President Jokowi can immediately take time for Komnas HAM to discuss the problem of violations in the TWK process. Moreover, the letter had been sent a long time ago.

"We have been ready for a long time. So whenever the President gives us time, we will accept it," said Anam.

"So once again, Komnas HAM's findings are not only useful for looking at the TWK KPK issue but are useful for broader state governance so that it becomes better state governance. It's that serious," he added.

Previously reported, the KPK asked the Indonesian Ombudsman and the National Human Rights Commission (Komnas HAM) not to deal with the implementation of the transfer of employee status through the National Insight Test Assessment (TWK).

This was conveyed by Deputy Chairperson of the KPK, Nurul Ghufron after the Supreme Court rejected the judicial review of Perkom Number 1 of 2021 concerning Procedures for Transferring KPK Employees to State Civil Apparatus Employees (ASN).

"This confirms that there should no longer be other institutions that accompany and compete with the authority of the Constitutional Court (MK) and the Supreme Court," Ghufron told reporters in a written statement, Friday, September 10.

He appreciated the decisions of the Supreme Court and the Constitutional Court which declared that Perkom Number 1 of 2021 was constitutional and valid. This, said Ghufron, at the same time dismissed the findings of the Komnas HAM and the Indonesian Ombudsman which stated that there had been violations of maladministration and the rights of KPK employees.

In addition, Ghufron said the KPK also appreciates its employees who have used their constitutional rights to review the interpretation of the KPK Law and Perkom Number 1 of 2021. He hopes that the decision can end the debate about the TWK of KPK employees which has been busy lately.

"With the final and binding decisions of the Constitutional Court and Supreme Court, we hope that this will end the KPK TWK debate and invite all parties to accept this decision in an adult manner," he said.