The commotion was triggered by the issuance of the contentious KPK Decree No. 652/2021 on May 7, signed by KPK chair Firli Bahuri.
The decree announced that 75 of the 1,351 KPK employees had not met the requirements to become civil servants (ASN). Being declared to have failed the civic knowledge test (TWK), they were told to relinquish their duties and responsibilities to their respective superiors.
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The decree on the release of the 75 employees contains ambiguity. While being mentioned as ineligible, which prompted their release, the employees were not explicitly fired. Such ambiguity can be used as a "safety triangle" by KPK leaders to obscure their contentious decision and argue – in the midst of controversy – that the employees were not fired.
President Jokowi had stated clearly and firmly that the employee status shift to ASN should not cause disadvantages to the employees. The TWK should not be the only parameter in assessing the 75 employees. However, the President did not explicitly rule out a dismissal. Is this a gimmick? Wallahualam [God knows best].
President Jokowi only said, "If employees lack civic knowledge, improvements should be pursued. KPK must build the best human resources highly committed to the efforts to eradicate corruption."
The President\'s affirmation, which also appeared ambiguous, was not followed up on by KPK leaders.
The KPK chair did say he would follow the President\'s direction but declined to revoke the decree to deactivate the 75 employees. This could be seen as an act of insubordination by the KPK chairman as part of executives against the chief executive.
The KPK finally announced its decision, though somewhat ambiguously, which was presumably in line with President Jokowi\'s signal, both explicitly and implicitly.
KPK deputy chairman Alexander Marwata – following a coordination meeting involving KPK leaders, the Administrative and Bureaucratic Reform Ministry and the head of the National Civil Service Agency – announced that 24 employees "could still be coached" for improvement while 51 others had "red report cards" and would thus be dismissed from the KPK as of Nov. 1.
The decision was made based on unclear parameters. It mentioned three aspects of assessment – personal aspects, influence aspects (from other parties) and PNUP aspects (Pancasila, the 1945 Constitution and all derivative laws and regulations, the Unitary State of Indonesia [NKRI] and the government). Those assessment aspects could be subjectively imposed to advance the interests of the KPK leadership.
What was the President Jokowi’s responses to the KPK’s decision? Did he consider it insubordination, or not?
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The decision clearly reflected KPK leaders’ ignorance about the public opposition to the decree on the employees’ release. In fact, it is clear that the decision was an injustice to the KPK employees, who had served for quite a long time. Some of them were known as committed graft busters who helped foster the KPK’s role in eradicating corruption.
It was mentioned that they were released from their duties because they did not meet the requirements as shown on the TWK results despite the fact that the TWK was not stipulated in Law No. 19/2019 on the KPK or in Government Regulation No. 41/2020 as a provision for the KPK employment status transition.
The substance of the TWK, in fact, is not clearly relevant to questions of nationalism. Instead, it contains prejudices and segregations based on traits related to creed, sex and gender.
What was the President Jokowi’s responses to the KPK’s decision? Did he consider it insubordination, or not?
Releasing the 75 employees was also a decision akin to disrespecting the Constitutional Court, which warned that the employee status shift should not disadvantage the employees. According to MK, the employment status shift was sought to provide legal certainty, taking into accounts the conditions of the KPK employees.
"This is because the KPK employees have served for the KPK for a long time, and their dedication to eradicating corruption is undisputed," reads a clause of the court’s opinion.
Since its formation, the fifth incarnation of the KPK leadership has received skepticism. The enactment of Law No. 19/2019, which is a revision of the 2002 KPK Law, shows that this version of the KPK carries "congenital defects from birth”. Law No. 19/2019 contains many substances that subvert the anticorruption body.
Law No. 30/2002, under which this version of the KPK operates, had 26 points revised in Law No. 19/2019, which are prone to being exploited to weaken the KPK. These points are, among others, the authority of the KPK, more complicated procedures for prosecution, employment status transfer and the Supervisory Board being able to intervene in technicalities regarding wiretapping, search and seizure.
Since its formation, the fifth incarnation of the KPK leadership has received skepticism.
President Jokowi, many House members and political elites have defensively argued that the KPK Law revision was not meant to weaken the commission. On the other hand, civilians are aware of the structurally oligarchical efforts of the executive, the legislature and political parties to declaw – if not cripple – the KPK.
As a result of the weakening maneuver, the current incarnation of the KPK, which was inaugurated by President Jokowi on Dec. 20, 2019, and will end mid-2021, has been deemed and “underachiever” by many anticorruption observers and monitoring agencies. Surveys and research have found a drop in public satisfaction with the KPK\'s performance.
This lack of performance, in which the KPK is falling short of expectations, has brought about public skepticism. "Having the KPK around is tantamount to its non-existence." However, there are also those who hold positive principles based on Ushul Fiqh (the source of law). "The KPK may not be offering hope, but it should not be neglected altogether."
This principle keeps the public paying their cares, though with bits of hope, for the KPK. In return, KPK chairman Firli Bahuri and his staff should strive not to leave the commission in a prolonged commotion.
KPK leaders need to focus more attention and efforts on consolidating the commission to salvage the cause for the bits of hope pinned on the KPK to in the country.
AZYUMARDI AZRA, History professor at UIN Syarif Hidayatullah and member of AIPI KK.
This article was translated by Musthofid.
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