Disqualified KPK Personnel Drop Legal Movement at Constitutional Court

Jakarta. A group of Corruption Eradication Commission (KPK) staff members who have stopped working to qualify as civil servants dropped their legal motion at the Constitutional Court seeking a ruling to reinstate their status, one of the complainants stated on Tuesday.

The group comprises 9 staff members who claimed to represent all colleagues failing to pass the recruitment procedure.

The request for a judicial review into the matter was dropped on June 18 since it’s thought about no longer relevant, according to Hotman Tambunan.

The plaintiffs have actually discovered that the court already issued decisions mentioning that the improvement of KPK private investigators into civil servants remains in conformity with the law and that the process must not cause unjust disadvantages to all workers, he stated.

” The 2 judgments plainly and firmly supply a legal assistance for the procedure of changing KPK employees into civil servants,” Hotman said.

The plaintiffs likewise consisted of Rasamala Aritonang, Andre Dedy Nainggolan, Novariza, Faisal, Benydictus Siumlala Martin, Harun Al Rasyid, Lakso Anindito and Tri Artining Putri.

They formerly claimed that they represented all 75 staff members who stopped working to qualify as civil servants.

The KPK set up 1,271 employees as civil servants three weeks ago to follow a new law which has actually satisfied resistance from an element of its private investigators.

The swearing-in event has actually drawn controversy because only those passing the so-called nationalism test are qualified to become staff members.

They swore the oath to promote and safeguard state ideology Pancasila and the constitution and pledged obligation to the government.

A minimum of 75 members have failed the test, consisting of leading detective Novel Baswedan and KPK union leader Yudi Purnomo.

Both males have previously declined the transition on the premises that it could deteriorate independency of the respected commission and open door to government intervention in anti-corruption examinations.

Of the 75 staff members, 51 will be permanently dismissed from the KPK however it stays uncertain if Unique and Yudi are amongst them.

They have dealt with prominent corruption cases, most just recently against Social Affairs Minister Juliari Batubara, Maritime Affairs and Fisheries Minister Edhy Prabowo, South Sulawesi Governor Nurdin Abdullah and General Election Commissioner Wahyu Setiawan.

Considering that the KPK law was modified in 2019, a minimum of 38 KPK employees have resigned in dispute.

Why is the changed law controversial?


The government and your house of Representatives accepted amend the 2002 Law on the KPK on the grounds that the commission had actually been too effective while there was an absence of an oversight body.

The relocation came shortly after President Joko Widodo was sworn in for his 2nd term and triggered nationwide protests over claims that the new law would cripple the reputable anti-graft agency.

At least two students were eliminated during marathon rallies across the nation that often erupted in violent clashes with security authorities.

The modified law introduced an oversight body inside the commission, made it obligatory for all KPK personnel to join the civil service and strip off the commissioners’ when comprehensive authority to examine and prosecute corruption cases.

KPK private investigators can not wiretap suspects without prior approval from the oversight body.

Then KPK Deputy Chairman Laode M. Syarif said at that time that taking apart the KPK commissioners’ authorities amounts “eliminating” the anti-graft agency.

The KPK likewise loses its opportunity as an independent state agency, because its entire staff are needed to sign up with the civil service, he said.

Furthermore, the new law creates a loophole originating from the president-appointed oversight body that might cause troubles in the future.

The oversight body is licensed to give licenses for wiretaps or asset seizures, however it’s made up of civilians who have no authority to investigate a case or prosecute suspects.

The KPK has won track record for discovering high-profile graft cases including leading political leaders and close cronies of previous presidents.

However, it typically came under media examination for alleged political moves. Throughout the 2014 and 2019 presidential elections, the KPK jailed party leaders with close ties to governmental candidates when the voting date was approaching.

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