JAKARTA - President Joko Widodo (Jokowi) has asked himself not to be drawn into the polemic of the National Insight Test Assessment (TWK) which resulted in the dismissal of 57 employees of the Corruption Eradication Commission (KPK). However, this attitude has led to criticism from a number of parties.
Some time ago, President Jokowi said that the responsibility for TWK that failed dozens of KPK employees to become ASN was not in his hands but in the Ministry of Administrative Reform and Bureaucratic Reform (Kemenpan-RB). Thus, he requested that he not be drawn into the polemic.
"Don't take anything to the President. This is a constitutional courtesy. I have to respect the ongoing legal process," said the former DKI Jakarta Governor.
The statement immediately became the spotlight. Former Deputy Chairperson of the KPK, Saut Situmorang, said that what President Jokowi said was not correct.
Speaking from any aspect, both normative and state administration, continued Saut, when an institution is in the executive clump, the President certainly has a hand in making improvements. Including when there is a polemic in it like what is currently being experienced by the KPK.
Moreover, he considers that the sword of eradicating corruption should be held by the President as the highest authority. "This is indeed Mr. Jokowi's job. It is his job to organize the eradication of corruption," said Saut when contacted by VOI by telephone.
He mentioned that in other countries, a head of state always carries out checks and balances so that the eradication of corruption can run smoothly.
"So if you say don't drag it around, yes, that is Pak Jokowi's job. You are paid for that, to keep this country clean," said Saut.
The request for President Jokowi not to let go of the polemic was also conveyed by the Indonesian Ombudsman. RI Ombudsman member Robert Na Endi Jaweng said his agency still asked for time to meet with Jokowi.
The goal is that the head of state can hear the findings and explain the recommendations clearly.
"We certainly strive to be able to meet with him (President Jokowi, ed) not only at the assistant level because we have been discussing back and forth," said Robert in an online discussion broadcast on YouTube Friends of ICW, Sunday, September 19.
President Jokowi, he said, not only needed to hear but also convey his response regarding the TWK polemic. Moreover, this is related to state manners as he had conveyed some time ago.
"Yesterday the president said, I am waiting for the decision of the Supreme Court (MA) and the Constitutional Court (MK), so if they say this is state courtesy, then it is important for us to be fair to us at Komnas HAM and the Indonesian Ombudsman because this is an inter-institutional relationship," said Robert.
"I think that the state administration needs to be shown not to show favoritism, discrimination. We will discuss what might be good for the government, but when something is not good, whatever means the door is closed," he added.
Robert also emphasized that President Jokowi could not let go of the issue of TWK of KPK employees which resulted in the dismissal of 57 employees. He said the recommendations and findings were submitted to the head of state because they were in accordance with the laws and regulations.
"We are actually wrong if our recommendations do not lead to the President," he said.
Moreover, institutionally the KPK is in the executive family so that the highest decision rests with the President. Likewise with the TWK problem.
It was previously reported that 57 employees were declared unable to work at the KPK because they could not become ASN according to the mandate of the KPK Law Number 19 of 2019 as of the end of September. The employees include senior KPK investigators Novel Baswedan and Ambarita Damanik, Chairman of the KPK Employee Forum Yudi Purnomo, KPK investigator Harun Al-Rasyid, and dozens of other names.
The anti-corruption commission argued that their inability to become ASN was not due to laws and regulations such as Perkom KPK Number 1 of 2021, but because of the results of their assessment.
Not only that, the KPK also ensures that employees have been given the same opportunities even if they have passed the age limit or have stopped being ASN.
However, the decision caused a polemic considering the discovery of a number of maladministration and abuse of authority in the TWK process by the Indonesian Ombudsman. Not only that, Komnas HAM also found violations of 11 employees' rights.
So, this is a polemic. Moreover, the KPK and the State Civil Service Agency (BKN) do not want to follow up on corrective actions or recommendations issued by the Indonesian Ombudsman and Komnas HAM, respectively.
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