75 KPK Employees Relieved of Duties, Status Still Undecided

Kompas/Heru Sri Kumoro

Medical workers prepare an employee of the Corruption Eradication Commission (KPK) for the Covid-19 vaccine shot at the KPK building in Jakarta on Tuesday (23/2/2021). Aside from KPK employees and commissioners, detainees also received the vaccine.

JAKARTA, KOMPAS — A total of 75 employees of the Corruption Eradication Commission (KPK) who did not pass the national insight test were asked to hand over their duties and responsibilities to their superiors until a further decision is made. For investigators and detectives, they can no longer handle corruption cases. The cases that are currently being handled by them must be submitted to their superiors.

The KPK leadership decree to relieve the employees, who do not pass the test, from their duties, as a requirement for transferring their status as state civil servants, was signed by KPK chairman Firli Bahuri on May 7, 2021. News of the release of the duties circulated at the end of last week, but at that time it was denied by the KPK.

Also read:

Corruption Emergency

Score in Corruption Index Falls, Alarm bells ring for Corruption Eradication

Buying and Selling Position Keeps Repeating

Acting KPK spokesperson Ali Fikri said on Tuesday (11/5/2021), the decision on dozens of KPK employees was taken in a meeting on May 5, 2021. The meeting was attended by KPK leaders, the KPK Supervisory Board (Dewas) and KPK structural officials.

"The handover of the duties is carried out solely to ensure the effectiveness of the implementation of duties at the KPK so that there are no obstacles and legal problems are avoided regarding the handling of ongoing cases," he said.

KOMPAS/PRAYOGI DWI SULISTYO

Acting KPK spokesperson Ali Fikri.

Ali emphasized that even though they were asked to hand over duties and responsibilities to their superiors, the status of the employees was not inactive. The reason is that all of their employment rights and responsibilities remain in effect until a further decision is made regarding the status of these employees.

Also read: Death Sentence for KPK

"The KPK is coordinating intensively with the National Civil Service Agency and Administrative and Bureaucratic Reform Ministry regarding the follow-up to the 75 employees who are declared TMS (do not meet the requirements)," he said.

MK decree

According to the head of the KPK Employee Council (WP), Yudi Purnomo Harahap, most of the employees who did not pass the test had received the KPK leadership decision letter.

"The assignment means that investigators and detectives who do not meet the requirements, for example, can no longer carry out examinations and investigations and must hand over their cases to their superiors," said Yudi.

In response to the letter, said Yudi, KPK employees would consolidate to determine the steps to be taken. For the KPK Employee Council, the decision of the Constitutional Court (MK) on May 4 clearly stated that the transfer of status should not be detrimental to KPK employees.

Also read:

Don.\'t Be Tired of Fighting Corruption

Corruption Remains Massive, What Next...

In addition, Law No. 19 of 2019 on the KPK only mandates the matter of changing the status to civil servants. It does not say that to transfer this status, employees must pass a national insight test. "The KPK chairman must comply with that," said Yudi.

HUMAS KPK

Deputy Chairperson of the Corruption Eradication Commission (KPK) Alexander Marwata (center) in a press conference determining the Chairperson of the Muara Enim DPRD in the KPK.\'s Red and White Building, Jakarta, Monday (27/4/2020).

A member of the KPK Supervisory Board, Indriyanto Seno Adji, was of the view that the decision made by the KPK leadership was still within the limits of their authority. "This is a reasonable or feasible legal procedure, which is the same as those taken by other ministries or institutions," he said.

All KPK organ executors, said Indriyanto, should abide by and obey it. If there are objections to the decision, there is a legal mechanism or procedure to test it.

Big cases

Indonesia Corruption Watch (ICW) researcher Kurnia Ramadhana was worried that the decision against the 75 KPK employees would impact the handling of major cases. Such cases include the bribery of Covid-19 social assistance, export permits for baby lobsters and corruption of electronic identity cards.

Especially if later the test results are used as the basis for dismissing dozens of KPK employees, there is the potential to violate the Manpower Law.

According to him, many of the dozens of employees were relieved of handling these cases. "The Constitutional Court.\'s decision has confirmed that the transfer of the KPK employees’ status to civil servants must not be detrimental to the rights of KPK employees. Especially if later the test results are used as the basis for dismissing dozens of KPK employees, there is the potential to violate the Manpower Law," said Kurnia.

ERIKA KURNIA UNTUK KOMPAS

Indonesia Corruption Watch (ICW) researcher Kurnia Ramadhana.

Meanwhile, regarding the 1,274 KPK employees who passed the national insight test, the head of the National Civil Service Agency, Bima Haria Wibisana, said they would be inaugurated on June 1, 2021 or to coincide with the commemoration of Pancasila.\'s Birthday. (BOW)

(This article was translated by Hyginus Hardoyo).