YOGYAKARTA Spokesperson for Corruption Eradication Commission (KPK), Ali Fikri revealed a number of KPK rules that were used as legal grounds to dismiss Brigadier General Endar Priantoro as Director of Investigation (Dirlidik) and returned to the National Police institution.
Ali stated that the removal of Brigadier General Endar was not caused by the handling of a case. The former Head of Sub-Directorate (Kasbudit) IV of the Directorate of Corruption Crimes (Dittipikor) of the Criminal Investigation Department was dismissed because his tenure as Dirlidik had been completed.
"Rotation and promotion of structural positions at the KPK have absolutely nothing to do with the case handling process at the KPK," said Ali, Wednesday, April 5, 2023, quoted by VOI.
Ali conveyed that the first rule used by the KPK to dismiss Brigadier General Endar Priantoro was Article 10 Paragraph (2) of the Regulation of the Indonesian State Civil Service Agency (BKN) Number 16 of 2022 concerning Procedures for Assignment of Civil Servants (PNS) at Government Agencies and Outside Government Agencies.
The rule reads:
The assignment of civil servants to Government Agencies as referred to in paragraph (1) can be extended with the approval of the PPK Main Agencies on the proposal of Government Agencies in need in accordance with the provisions of the legislation.
Based on the regulation, Brigadier General Endar can still be dismissed from the KPK even though the National Police Chief General Listyo Sigit Prabowo extends his post-assignment as Director of Investigation. This is because the letter of extension of the term of assignment is not based on the KPK's proposal.
Next, the KPK refers to Article 8 paragraph (3) of the Regulation of the Minister of State Civil Apparatus Empowerment and Bureaucratic Reform (Permenpan RB) Number 62 of 2020 concerning the Assignment of Civil Servants at Government Agencies and Outside Government Agencies.
The article reads:
The assignment of civil servants to Government Agencies is carried out no later than 5 (five) years and can be extended with the approval of the Civil Service Officer of the parent agency at the proposal of agencies in need in accordance with the provisions of the legislation.
Another regulation, the KPK is guided by the National Police Chief Regulation Number 4 of 2017 Jo. Number 12 of 2018 concerning Assignment of Police Members Outside the Organizational Structure of the Police.
The article states that the termination of the assignment of Polri members assigned to organizations outside the National Police is based on the end of the term of office/assumment, considerations of the National Police leadership, returns by user organizations, violations of discipline, code of ethics and crime, and illness which result in permanent distancing for three months.
Related to this, Ali said that the KPK leadership had sent a letter to the National Police in November 2022.
"Submitting a proposal letter to the National Police Chief regarding career development at the National Police institution dated November 11, 2022, as well as a letter of entry to the National Police Chief on March 30, 2023 and a letter of honorable dismissal of civil servants assigned to the KPK as of March 31, 2023," said Ali.
Finally, the dismissal of Brigadier General Endar as Director of KPK is also based on Commission Regulation (Perkom) Number 1 of 2022 concerning Personnel.
Article 3 paragraph states that in terms of being injured for strengthening organizational duties and functions, the commission can request and receive civil servants assignments from the National Police in accordance with statutory provisions.
This is information about the KPK regulations to stop Brigadier General Endar Priantoro. If detailed again, the regulations that are used as legal basis by the KPK are to dismiss Endar, namely Perkom Number 1 of 2022, Permenpan RB Number 62 of 2020, Regulation of BKN Number 16 of 2022, and Perkap Number 4 of 2017 in conjunction with 12 of 2018.
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