Jakarta –
There were at least three violations committed by the leadership Corruption Eradication Commission (KPK) with disabled 75 employees who are deemed not to have passed the national insight test (TWK). First, according to the Director of the Center for Constitutional Studies Feri Amsari, this decision is contrary to the decision of the Constitutional Court Number 70 / PUU-XVII / 2019.
The decision ordered the KPK leadership in the process of transferring the status of KPK officers not to harm KPK officers in any case. “But if it is disabled, it will clearly harm the 75 employees,” said Feri in the Blak-blakan program detikcom, Wednesday (12/5/2021).
Second, the Regulation of the Commissioner (Perkom) of the KPK is also contrary to the new Law (UU) of the KPK, namely Law No. 19 of 2019, which discusses the transfer of the status of KPK officers. Third, it is not in accordance with the National Civil Apparatus Law (ASN) which is the basis for the transfer of the status and is not in accordance with PP No. 41 of 2020 on the transfer of the status of KPK officers.
“So the procedure should be replaced by the rank of KPK employees to ASN only. But the KPK Perkom regulates that there must be a requirement, namely a national insight test that is not in the three higher regulations. So this is the KPK leadership’s own interpretation to then get rid of 75 people. “said Feri Amsari.
To note, 75 KPK employees, such as senior investigators Novel Baswedan, Yudi Purnomo, and Harun Al Rasyid, who just led the operation to arrest Nganjuk Regent, were revealed since last Tuesday. The decision, which was issued on May 7, 2021, was signed by KPK Chairman Firli Bahuri.
Feri Amsari assessed that the removal of Novel Baswedan and 74 other KPK employees put the corruption eradication mission under threat ambyar. He asked that the deactivation of 75 KPK employees be considered carefully in the effort to eradicate corruption. “If then the corruptors unite, the anti-corruption line will be disbanded,” said the master of law science who graduated from William and Mary Law School, Virginia, United States.
Therefore, he fully supports the plan Baswedan novel and colleagues challenged the KPK leadership decision. Because they are related to a number of administrative law violations, said Feri Amsari, they can take legal battles through the State Administrative Court.
Previously, KPK chairman Firli Bahuri spoke about the polemic regarding the results of the test for the status transfer of KPK employees to ASN. He said he had no intention of expelling employees from the KPK through the test.
Firli initially regretted the issue surrounding the ASN test. He said there were parties claiming to have information and leaking test results without waiting for an official announcement.
“There are parties who have taken a stand and have victimized parties who claim to have information and have leaked information without waiting for an official announcement from the KPK, which we both love,” said Firli, Wednesday (5/5).
Firli then thanked the government for prioritizing KPK employees to become ASN. According to him, many honorary staff have not been appointed as civil servants.
“Many honorariums have not been appointed as ASN, the KPK is given the opportunity to convert to ASN. For that, we would like to thank the government,” said Firli.
Firli said the test to transfer status to ASN is a legal mandate. According to him, there is no intention to expel KPK people through the test.
“Furthermore, of course, all KPK personnel would like to emphasize that on the occasion of this afternoon, there is no KPK interest, let alone personal or group interests, and there is no intention of the KPK to expel KPK personnel from the KPK institution. We are both fighting to eradicate corruption, we are the same. -the same institution as law enforcers, “he said.
He emphasized that the decisions at the KPK were taken collectively. Firli admits that there is no personal decision.
“The leadership of the KPK is a collegial collective so that all decisions taken are unanimous and we are jointly responsible,” said Firli.
(ddg/hri)
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