The Department of Constitutional Law, Faculty of Law, Universitas Brawijaya (FH UB) held a discussion with the theme “Solution for Change of Status of KPK Employees Issues: Deactivation of 75 Employees of Presidential Speech, on Save KPK and Social Media Hacking”.
This event was held virtually on Monday (24/5/2021)
This discussion also presented several academic speakers, such as Ali Mashuri S.Psi ,. M.sc ,. P.hd as UB psychology expert, Dr. Fachrizal Afandi S.Pi ,. S.H ,. M.H As an Expert on Criminal Law, Prof. Dr. Sudarsono, S.H ,. M.S Professor of State Administration Law, Faculty of Law UB, Bivitri Susanti Academician of STIH Jantera then Dr. Dhia Al-Uyun S.H., M.H., as UB Faculty of Law academician also attended Nova Riza and Hotman Tambunan as KPK employees.
This discussion was born after the issuance of Decree 652 Regarding the Deactivation of 75 KPK Employees. This caused a lot of controversy for the public.
In one of his speeches, the president said that the National Insight Test should not be used as a benchmark to deactivate 75 KPK employees who did not meet the requirements for the national insight test. But until now there is still no clarity regarding the follow-up to the presidential instruction by the authorized institution.
“This presidential speech must be interpreted as an order as the head of state, the highest head of government that must be obeyed and executed immediately by the relevant parties, especially the KPK leadership,” said one KPK employee Novariza.
Another KPK employee, Hotman Tambunan said that the national insight test still needed a measuring tool or standard that would allow an employee to pass clearly.
Meanwhile, Ali Mashuri said that the national insight test as a psychological measuring tool must be able to measure the quality psychometrically in which there are two elements, namely validity and reliability.
“Even if we want to justify the national insight test in such a way, there are still problems in accountability and transparency and this also breaks the principles of good government too,” said the STIH Jantera academician, Bivitri Susanti.
Dr. Dhia Al-Uyun SH, MH, said that there were several rights of citizens that were violated in this national insight test, including article 28I of the NRI 1945 Constitution that our country which holds the principle of non-discrimination but in this national insight test the question is not in accordance with the principle of non-discrimination because there are indications of gender-based violence since it contains questions about a person’s reproductive function which then places a person not according to equality before the law in Article 28D of NRI 1945 Constitution. Then, in Article 28H paragraph (2) there is affirmative action principle, then giving non- job to a person who having job properly is part of violating human rights.
“KPK employees are civil servants (ASN) according to article 1 (6) of the Corruption Eradication Commission Law, while other institutions were competing to leave ASN, but the KPK institution whose design was correct from the start was even included in the old regime. So, it cannot be equalized between ASN and the old system, “said Fachrizal Afandi S.Pi. S.H ,. M.H. (FHD / Humas UB/ Trans. Iir).
