Deputy Chairperson Of The KPK Hopes That The Supreme Court's Judicial Decision Will End The Debate Regarding The KPK TWK

The Red and White Student Forum held a support action for the Corruption Eradication Commission (KPK) (Photo: ANTARA)

JAKARTA - Deputy Chairperson of the KPK, Nurul Ghufron, responded to two judicial review decisions of two KPK employees who did not pass the TWK Yudi Purnomo and Farid Andhika also submitted a judicial review to the Supreme Court.

September 9, 2021, the panel of judges for the MA judicial review consisting of Supandi (Young Chair of the MA for Environmental Affairs of the State Administrative Court) as chairman of the panel accompanied by Yodi Martono Wahyunadi and Is Sudaryono as members of the assembly rejected the request.

"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's website. According to Nurul Gufron, the implementation of TWK is not an act of maladministration. "This ruling dismisses accusations that Perkom 1/2021, which regulates TWK, was carried out in maladaptive administration, including allegations of violating the human rights of KPK employees," said Ghufron on Friday, September 10, quoted from ANTARA.

According to Nurul Ghufron, with the decisions of the Constitutional Court and the Supreme Court that are final and binding, the KPK leadership hopes to end the debate over the KPK TWK.

"We invite all parties to maturely accept this decision and based on the decisions of the Constitutional Court and the Supreme Court, we will continue the process of transitioning the status of KPK employees based on Perkom 1/2021 and other laws and regulations both within the KPK and regarding ASN management," said Ghufron.

Meanwhile, Yudi Purnomo as the plaintiff in the Supreme Court said that the Supreme Court judge's decision firmly and clearly stated that the follow-up to the results of the TWK assessment was the authority of the government, not the KPK.

"Therefore, we are waiting for a policy from President Jokowi regarding the results of the TWK assessment of KPK employees who have not yet been appointed as ASN in accordance with the KPK Law orders regarding the transfer of the status of KPK employees to ASN," added Yudi.

In addition, a number of legal experts from Themis Indonesia Law Firm & Goddess of Justice consisting of Feri Amsari, Bivitri Susanti, Usman Hamid, Titi Anggraini, Nanang Farid Syam, Fadli Ramadhanil and Ibnu Syamsu said that constitutional authority was not a justification for the implementation of this authority. carried out in a procedurally flawed and human rights violation.

"The Court has not decided anything regarding procedures that are flawed in the implementation of the TWK by the KPK, the State Civil Service Agency or other parties involved in distorting the authority in the implementation of the TWK. So the Constitutional Court's decision in no way ignores the findings of the Indonesian Ombudsman and the National Human Rights Commission," said the officials. Themis researcher in a written statement on 7 September 2021.

Although the TWK is constitutional, the implementation process cannot uphold the constitutional values (UUD 1945) related to the protection of human rights and other statutory provisions, including Law No. 30 of 2014 concerning Government Administration.

They also asked the KPK leadership to admit omissions in the TWK implementation process that were not in accordance with the values of the 1945 Constitution, the Government Administration Law, the Human Rights Law and the values of honesty, transparency and respect for humanity.

"Implementing a transparent TWK and/or carrying out a status transfer process as has been applied to members of the TNI and the police without the need to conduct a TWK by asking President Joko Widodo to complete it based on the provisions of PP No. 17 of 2020 concerning Civil Servant Management which makes the President authorized to directly inaugurate KPK employees as members of the KPK. civil servants," the researchers said.

Finally, will TWK still be worthy of being a constitutional mechanism for transferring the status of KPK employees even though the consequences are that 57 KPK employees who are currently inactive will be dismissed on November 1, 2021?