ICW Suspects KPK Deliberately Triggering Novel Baswedan Et Al Through New Employment Regulations

JAKARTA - Indonesia Corruption Watch (ICW) suspects that the Corruption Eradication Commission (KPK) has thwarted the move of its former employee, Novel Baswedan et al. to return to the institution.

This was conveyed by ICW researcher, Kurnia Ramadhana, in response to the issuance of Commission Regulation Number 1 of 2022.

In the regulation signed by KPK Chairman Firli Bahuri, employees who have been honorably dismissed but not at his request cannot become KPK employees.

"ICW suspects that Article 11 paragraph (1) letter b of Commission Regulation 1 of 2022 was deliberately smuggled in by KPK leaders to prevent former KPK employees who were dismissed through TWK from returning to work at the anti-corruption agency", said Kurnia in a written statement, Friday, February 11.

According to him, Novel Baswedan and dozens of former anti-corruption commission employees could still return to the KPK if the rules were changed. However, this is considered difficult to happen as long as Firli is still the Chair of the KPK.

"The only way to return former KPK employees to work at the anti-corruption agency is only to revise Commission Regulation Number 1 of 2022", said Kurnia.

"However, it will be difficult to realize if Firli Bahuri still leads the KPK. Therefore, in 2023, ethical violators should no longer be allowed to register as a candidate for KPK leadership", added the anti-corruption activist.

As previously reported, the KPK regulates its staffing through Commission Regulation Number 1 of 2022. In Article 3 Paragraph 1 of Commission Regulation Number 1 of 2022, it is stated that Commission Employees consist of Civil Servants and Government Employees with Work Agreements (PPK).

Meanwhile, in Paragraph 2 it is stated that the KPK can request and accept assignments from civil servants of other institutions or members of the National Police. However, they can't just walk in. Civil servants and members of the Police must take part in the selection first.

This is regulated in Article 11 which reads as follows:

To meet the qualifications for position requirements, civil servants and members of the Indonesian National Police as referred to in Article 3 paragraph (2) are required to take part in the selection with the following conditions:

1. Not currently in the process of being examined and not undergoing disciplinary and/or ethical punishment within the last (one) year.
2. Never been dismissed with honor, not at his own request or dishonorably as a civil servant, Indonesian National Army soldier, member of the Indonesian National Police, Commission employee, or dishonorably dismissed as a private employee.
3. Get permission from the head of the parent agency, and
4. Passed the selection.

The selection referred to in the article consists of two parts, namely the administrative selection stage and the competency selection stage.

"Includes personal characteristics, general intelligence, and national insight", the regulation was quoted as saying.

This rule was then deemed to have prevented Novel Baswedan et al. who often stated that they wanted to return to duty at the anti-corruption commission. However, this assumption was denied by the Secretary-General of the KPK, Cahya H. Harefa.

He said he had no intention of tripping over anyone who wanted to become a KPK employee. "There is no intention at all to unconstitutionally prevent certain parties from joining the KPK's ASN employees", Cahya told reporters in a written statement.

Cahya explained that the Commission Regulation was made to update rules that were no longer relevant. Moreover, currently, the status of KPK employees has changed to State Civil Apparatus according to the mandate of Law Number 19 of 2019.

Some regulations serve as references for making the Commission Regulation, namely Law Number 5 of 2014 concerning State Civil Apparatus, PP Number 11 of 2017 concerning Management of Civil Servants, and PP Number 49 of 2018 concerning Management of Government Employees with Work Agreements (PPPK).