JAKARTA - Former employee of the Corruption Eradication Commission (KPK) who was dismissed because he did not pass the National Insight Test Assessment, Hotman Tambunan sued President Joko Widodo (Jokowi), KPK Chair Firli Bahuri and other leaders, as well as BKN Head Bima Haria Wibisana to the State Administrative Court ( PTUN) Jakarta.
This lawsuit was later responded to by the KPK. This institution ensures that it respects the legal steps taken by its former employees.
Acting KPK Spokesperson for Enforcement, Ali Fikri, even said that this process is the right of every citizen and is ready to face it.
"KPK respects the ongoing legal process. This process is the right of every citizen," said Ali in a written statement, Wednesday, March 2.
In dealing with the lawsuit, Ali said, the KPK confirmed that it would prepare a number of things. Including an explanation regarding the TWK process which is in accordance with a legal and legal basis.
"The KPK will of course also prepare necessary trial materials, such as an explanation regarding the TWK process. This process has been based on a legal and legal basis, namely Law Number 19 of 2019 which mandates that KPK employees are State Civil Apparatus," he said. .
"Then the transfer process is also based on PP No. 41 of 2020 and Perkom 1 of 2021. In which the process also involves institutions that have the authority and competence in this ASN transfer process," added Ali.
Ali believes that the process of transferring the status being sued is also getting stronger because of the Constitutional Court's decision number: 34/PUU-XIX/2021.
"(This, ed) further strengthens the process of changing the status of employees to state civil servants (ASN) in accordance with the rules and involving competent and authorized institutions," he said.
Hotman's lawsuit is related to the follow-up to the recommendations of Komnas HAM and the Indonesian Ombudsman regarding TWK. The registration was carried out on March 1 and registered with the case number: 46/G/TF/2022/PTUN.JKT which as the plaintiff is Hotman Tambunan et al.
Through the lawsuit, the Jakarta Administrative Court was asked to state the government actions taken by the defendants by not carrying out the recommendation of the Indonesian Ombudsman Number: 0001/RM.03.01/0593.2021/IX/2021 dated September 15, 2021 regarding Maladministration in the transfer of employees of the Corruption Eradication Commission to become civil servants. The state is an act against the law that is contrary to the provisions of the legislation and the General Principles of Good Governance (AUPB).
Next, the plaintiff asked the Jakarta Administrative Court to state the government's actions taken by the defendants by not carrying out the recommendation of the Indonesian National Human Rights Commission regarding the results of Komnas HAM's monitoring and investigation of alleged human rights violations in the assessment process of the National Insight Test for KPK employees to become State Civil Apparatus (ASN). ), is an unlawful act that is contrary to the provisions of the legislation and the General Principles of Good Governance (AUPB).
Furthermore, the plaintiff requested that the defendant be sentenced to implement the recommendations of the Indonesian Ombudsman and the recommendations of the Indonesian National Human Rights Commission; pay the plaintiffs' losses after being dismissed as KPK employees until the decision has permanent legal force; and asked that the defendant be sentenced to pay the costs incurred in this case.
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