JAKARTA - The Indonesian Ombudsman found the insertion of rules, procedural irregularities and abuse of authority in the formation of rules to hold the National Insight Test Assessment (TWK) as a condition for the transfer of employment status.
Ombudsman member Robert Na Endi Jaweng said in the process of drafting the Corruption Eradication Commission (Perkom) Regulation Number 1 of 2021 concerning Procedures for Transferring KPK Employees to State Civil Apparatuses (ASN), which began in August 2020, there was no clause on the implementation of TWK.
This clause only appeared on January 25, 2021 or the day before the last harmonization meeting.
"The emergence of the TWK clause is a form of insertion of a verse. The appearance of a new verse and it appears in the last months of this process," Robert said at a press conference to deliver the final results of the examination of KPK employee complaints which was broadcast online, Wednesday, July 21.
The Ombudsman also found procedural irregularities and abuse of authority in the formation of Perkom 1 of 2021, especially during the last harmonization meeting on January 26, 2021. In the meeting, only high leadership positions or designers were present, but also institutional leaders such as the Head of BKN, Head of LAN, Chairman of the KPK , Menkumham, and MenPANRB.
In fact, Minister of Law and Human Rights Regulation Number 23 of 2018 states that harmonization should be attended by high leadership officials in this case the Secretary General or Bureau Head, JPT, administrative officials, and the working committee.
"There were five leaders present, namely the Head of BKN, Head of LAN, Chairman of the KPK, Menkumham and Menpan RB. Something extraordinary," said Robert.
Even so, the Minutes of the Harmonization Meeting were actually signed by parties who were not present at the meeting, such as the Head of the KPK Legal Bureau and the Director of Legislation, Translation and Publication of Legislation at the Directorate General of PP Kemkumham.
From this fact, there have been procedural deviations and abuse of authority. "The presence of the leadership and then what should have been coordinated by the Director General certainly did not happen, because the Director General could not lead a harmonization whose participants were his superiors and abuse of authority because the signatures were actually done by those who were not present, namely the Head of the Legal Bureau and the Director of invitations," he explained
The Ombudsman also stated that there was a procedural deviation because the KPK did not disseminate it after the amendment process was carried out in six meetings. In fact, KPK Regulation Number 12 of 2018 states that the harmonization of regulatory legal products must take into account the aspirations or opinions of KPK employees.
Robert said that the dissemination of information on Perkom Number 1 of 2021 was on November 16, 2020 or at an early stage. Meanwhile, other results have never been disseminated through the KPK's internal portal.
"Thus there is no mechanism for KPK employees to find out let alone express opinions. Maybe from gossip or informally they know, but it is not official and is not placed on the KPK internal portal during a very important process. There is no opportunity," he concluded.
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