60. In August 2021 Komnas HAM conducted research and studies on allegations of human rights
violations experienced by 75 KPK staff, including Novel Baswedan, who was terminated after not
being deemed to have passed a Nationalism Insight Test (TWK) in the process of transferring
status from a KPK employee to a State Civil Apparatus (ASN) or civil servent status.
61. Based on a series of investigations, Komnas HAM concluded that the TWK process was a form of
eliminating certain KPK staffs through the substance of tests that were discriminatory and
violated the rights to freedom of opinion and expression.45 In addition, TWK was also carried out
without a clear legal basis by involving parties who were not relevant to the issue of eradicating
corruption such as the national intelligence agency, military intelligence, anti-terrorism agency,
and the army psychology service. The substance of TWK also contradicts international human
rights values and standards which are discriminatory, hateful, demeaning and do not have a
gender perspective. 46
62. Komnas HAM concluded that TWK was a violation of human rights, including a violation of the
right to work and freedom of association for deliberately removing KPK employees who were
members of a union, namely the KPK Employee Forum.47
63. Anti-corruption activists and officers, including human rights defenders in this field, have long
been victims of threats and attacks in Indonesia with almost all incidents not being resolved. It is
clear that the government and other authorities need to take decisive action to end the problem
of impunity and ensure that anti-corruption officers and activists can carry out their important
and necessary work without fear, while fully respecting the rights of those suspected of
corruption. This lack of accountability in dealing with ongoing threats and attacks is a bad record
for Indonesia's efforts to tackle corruption. This also further entrenched the culture of impunity
in relation to human rights violations, which present a direct threat to the rule of law.
Recommendation to the Committee on Economic, Social and Cultural Rights (CESCR):
45
●
To question whether the GoI continue investigating the case of the Novel Baswedan
attack, including finding the mastermind of the cruel criminal action, and also
investigating the attacks that occurred against officers and employees at the KPK, and
against other anti- corruption activists;
●
To question the commitment of the GoI to combat corruption in Indonesia after
transfering The Corruption Eradication Commission from an independent state institution
to become part of the executive body through the revision of Law No. 30 of 2002 on
Komisi Pemberantasan Tindak Pidana Korupsi (Corruption Crime Eradication
Commission);
●
To question the GoI why the Nationalism Insight Test (TWK) was conducted
discriminatively and whether there are any plans to rehabilitate the rights of former KPK
employees who were terminated.
Komnas HAM, Press Release No: 027/HM.00/VIII/2021, the Result of Komnas HAM’s Monitoring and
Investigation on the Allegation of Human Rights Violation in the Nationalism Commitment Test for KPK Staff to
Becoming the Civil Servants, 16 August 2021, p. 1, can be accessed at
https://www.komnasham.go.id/files/20210816-rilis-27-hm-00-viii-2021-tentang-$NRAWJEJ.pdf.
46
Komnas HAM, Press Release No: 027/HM.00/VIII/2021, p. 6 & 7.