The Central Information Commission (KIP) panel has partially granted\nthe request of former Corruption Eradication Commission (KPK) employees\nwho were victims of the Nationalism Insight Test (TWK) conducted as part\nof the transition process to civil servant (ASN) status.<\/p>\n
The KIP panel declared that TWK documents constitute partially open\ninformation, meaning the applicants may obtain access to them with the\nnames of assessors redacted, in accordance with the information access\nmechanism stipulated under Article 22 paragraph 7 letter e of the KIP\nLaw in conjunction with Article 50 paragraphs 2 and 3 of the KIP\nRegulation on Public Information Service Standards (Perki SLIP).<\/p>\n
\u201cThe information requested by the Applicant as referred to in\nparagraph 4.28 is declared Partially Open Information solely for the\nApplicant, provided it does not contain personal confidential\ninformation of other parties as outlined in Article 17 letter h points 4\nand 5 of the KIP Law,\u201d said KIP Panel Chairperson Rospita Vici Paulyn\nwhilst reading the verdict of dispute number 043\/XI\/KIP-PS\/2021 at BSG\nWisma Annex Building, Central Jakarta, on Monday (23 February).<\/p>\n
The information dispute was adjudicated by KIP Panel Chairperson\nRospita Vici Paulyn with members Arya Sandhiyudha and Samrotunnajah\nIsmail. The substitute clerk was Sri Mulyani Sutar.<\/p>\n
The KIP panel annulled the determination by the Information and\nDocumentation Management Officer (PPID) of the National Civil Service\nAgency (BKN) Number 2 of 2021 concerning the Classification of Exempt\nInformation.<\/p>\n
The KIP panel ordered BKN to provide the information requested by the\nApplicant as referred to in paragraph 6.3 solely to the Applicant, in\naccordance with the information provision mechanism stipulated under\nArticle 22 paragraph 7 letter e of the KIP Law in conjunction with\nArticle 50 paragraphs 2 and 3 of Perki SLIP, namely by redacting or\nobscuring exempt information material concerning the personal\ninformation of other parties.<\/p>\n
\u201cThe Respondent (BKN) is ordered to provide the information requested\nby the Applicant as referred to in paragraph 6.4 to the Applicant after\nthis ruling has obtained permanent legal force (inkracht van gewijsde)\nand to charge the copying costs to the Applicant,\u201d the judge stated.<\/p>\n
In its considerations, the KIP panel stated that BKN had erred and\nbeen inconsistent by classifying public information as exempt public\ninformation without first having possession of the information in\nquestion, rendering BKN\u2019s consequentiality test irrelevant and properly\ninadmissible.<\/p>\n
The KIP panel considered that BKN, as the administrator of\ngovernmental duties in the areas of formulating and establishing\ntechnical policies, guidance, service delivery, control over the\nimplementation of ASN management technical policies, and oversight of\nthe merit system\u2019s application \u2014 and having been granted authority in\nadministering the selection process at the Applicant\u2019s workplace \u2014\npossesses the requested information.<\/p>\n
\u201cConsidering that regarding the information requested by the\nApplicant as outlined in paragraph 4.28 point 2 letters d and e, as well\nas point 7 in the examination of Related Parties as described in\nparagraphs 2.15 through 2.18, and being of the opinion that with\nconsideration of public interest aspects which reveal the identities and\nassessment results of assessors who are also protected by personal\nconfidentiality interests, as per the application of Article 17 letter\nh, this also applies to other parties in this dispute,\u201d the KIP panel\nstated.<\/p>\n
\u201cTherefore, the panel is of the opinion that this constitutes\npartially open information solely for the Applicant and may be provided\nonly to the Applicant, so it is appropriate that the Respondent grant\naccess to the information in question only to the Applicant by redacting\nor obscuring the names of assessors in accordance with the information\naccess mechanism for public information applicants based on Article 22\nparagraph 7 letter e of the KIP Law in conjunction with Article 50\nparagraphs 2 and 3 of Perki SLIP,\u201d the panel added.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/central-information-commission-partially-grants-former-kpk-employees-request-regarding-nationalism-insight-1771845902", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }