Supreme Court ruling dismisses TWK accusation of neglecting human rights administration

Jakarta, CNN Indonesia —

Vice Chairman of KPK, Nurul Ghufron claiming the Supreme Court’s decision on Commission Regulation (Perkom) Number 1 of 2021 which contains the National Insight Test (TWK) dismissed the accusations of maladministration and human rights violations in the process of changing employee status to state civil apparatus (ASN).

The Supreme Court’s decision rejected the lawsuit by a non-active KPK employee related to the judicial review of Perkom 1/2021. Before the decision was issued, the Indonesian Ombudsman stated that there was an allegation of maladministration in the TWK of KPK employees. In addition, Komnas HAM said that the process of changing the status of an anti-corruption agency employee violated human rights.

“This matter [putusan MA] dismissed allegations that Perkom 1/2021 which regulates the formation of the TWK was carried out in a mala-administrative manner, including accusations that it violated human rights as the constitutional rights of KPK employees,” said Ghufron in a written statement, Friday (10/9).

Ghufron appreciated the Supreme Court for rejecting the judicial review of Perkom 1/2021 proposed by non-active KPK employees, Yudi Purnomo and Farid Andhika. He asked all parties to comply with the decision.

“There can no longer be other institutions that match and rival the authority of the MK and MA as state institutions that have the authority to test and evaluate the validity of legislation,” he said.

Previously, the Supreme Court rejected the application for judicial review of inactive KPK employees, Yudi Purnomo and Farid Andhika related to Perkom 1/2021. Case number: 26 P/HUM/2021 was decided on Thursday (9/9).

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Sitting as chairman of the panel of judges is Supandi, with members each Yodi Martono Wahyunadi and Is Sudaryono.

The Assembly assessed that the design for the transfer of KPK employees to become State Civil Apparatus (ASN) followed the provisions of Law Number 5 of 2014 concerning ASN and its implementing regulations.

TWK, according to the assembly, is one that is accepted as an objective measure to fulfill the requirements for filling the position. TWK is also a requirement during ASN selection and civil servant career development.

The assembly said that Perkom 1/2021 did not conflict with higher laws and regulations, namely Law 19/2019, PP 41/2020, and the Constitutional Court Decision number: 70/PUU-XVII/2019, as well as the Constitutional Court Decision number: 34/PUU-XIX /2021.

Meanwhile, KPK senior investigator Novel Baswedan stated that his party was waiting for President Joko Widodo’s steps regarding the fate of employees who were declared ineligible to become State Civil Apparatus (ASN) after the Supreme Court’s decision.

“Considering in accordance with JR [Judicial Review] from the Supreme Court who stated that the follow-up to TMS was the domain of the government, then only waiting for the President’s response regarding this,” Novel said in a written statement, Thursday (9/9).

(ryn / fra)

[Gambas:Video CNN]


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