Awaiting the KPK’s Commitment

Kompas/Heru Sri Kumoro

KPK Chairman Firli Bahuri prepares to give information to reporters regarding the inauguration of Civil Servants and Positions for KPK employees, in Jakarta, June 1, 2021.

The Indonesian Ombudsman recommended that the Corruption Eradication Commission (KPK) declare the 75 KPK employees who had failed a mandatory civics test as civil servants (ASN) before Oct. 30.

The Indonesian Ombudsman assessed there had been procedural errors and multilayered maladministration in the implementation of the civics knowledge test. The Ombudsman’s recommendations are in line with President Joko “Jokowi” Widodo’s directives. On May 17, the President emphasized that the results of the civics knowledge test should not be used as an excuse to dismiss the 75 KPK employees.

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President Jokowi’s directive refers to the considerations of the Constitutional Court (MK). In its decision, the Court reiterated that the transfer of status of KPK employees to ASN must not harm the rights of the employees to be appointed ASN for any reason outside the predetermined design. This is because KPK employees have been serving the commission, and their dedication to eradicating corruption is not doubted.

President Jokowi’s directive and the Court’s decision were then interpreted differently by the KPK leadership and the State Civil Service Agency (BKN) head. Acknowledging the President’s instructions, both KPK and BKN leaders then stated that 24 KPK employees of the 75 would be trained, whereas 51 employees would be dismissed because they were assessed to be unteachable.

At least three institutions have provided directives and recommendations to the KPK leadership under Commissioner General Firli Bahuri and the BKN regarding the controversial transfer status of the KPK employees. The KPK Supervisory Council, a body created under the revision of the KPK Law and appointed by President Jokowi himself, took a different stance. The Council, consisting of Tumpak Hatorangan Panggabean, Harjono, Al-bertina Ho, Syamsuddin Haris and Indriyanto Seno Adji, claimed there was no evidence to support that KPK chairman Firli had violated the code of ethics, thus discontinuing his trial.

KOMPAS/AGUS SUSANTO

Senior KPK investigator Novel Baswedan delivers a press statement after meeting the Commissioner of the National Human Rights Commission in Jakarta, May 24, 2021.

KPK and BKN leaders have not yet responded to the Ombudsman’s recommendation. The Indonesian Ombudsman was formed by the law, the commissioners of which are also elected with the approval of the House of Representatives. The spirit of the Ombudsman and the KPK are the same: to create state administrators that are clean and free from corruption, collusion and nepotism. The KPK, through its spokesman Ali Fikri, said it was reviewing the Ombudsman’s recommendations.

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The public hopes that the KPK and BKN leaderships will adhere to the Ombudsman’s recommendations, which are aligned with President Jokowi’s directives and the Court’s decision, by appointing the 75 KPK employees as ASN before Oct, 30. It is hoped that amid the process, there will be an evaluation of the performance of the employees, led by the KPK’s leadership.

Having the KPK leadership respond quickly to the Ombudsman’s recommendations will help President Jokowi resolve a stockpile of issues, in addition to handling the pandemic. After making decisions separate from the President’s direction, the KPK, led by Firli Bahuri, should follow the Ombudsman’s recommendations so that the KPK’s controversial issue will be resolved as soon as possible.

This article was translated by Kesya Adhalia.