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Terms of mutation and dismissal of Civil Servants (PNS) reviewed to the Constitutional Court (MK), Monday (24/09/2012) afternoon. The trial court 91/PUU-X/2012 number Happenings Testing Article 25 paragraph (2) of Law No. 43 Year 1999 on Amendment to Law No. 8 of 1974 on the Principles of Civil Service (Civil Service Law) filed by Ricky Elviandi Afrizal. Panel of judges who carry out preliminary agenda are Muhammad Alim (panel chair), Maria Farida Indrati, and Ahmad Fadlil Sumadi.

Ricky Elviandi Afrizal present at the hearing without his attorney states' rights have been impaired due to the enactment of Article 25 paragraph (2) of Civil Service in particular the phrase "official employment center builder". Losses associated with the intended Ricky appointment, transfer and dismissal of civil servants in the National Land Agency (BPN) units BPN Regional Office in East Kalimantan Province and units of the East Kutai Regency Land Office.

Article 25 paragraph (2) of Civil Service Law states: "To facilitate the implementation of the appointment, transfer and dismissal of civil servants referred to in paragraph (1), the President may delegate some authority to the central civil service officials and coaches to give up some authority to local officials staffing builder further stipulated by government regulation.”

"The linkage between official authority builders with our management was related to Pak. To this day there has been no resolution. While there is a letter issued from the State Personnel Board as we’ve attaches evidence, otherwise canceled. On the other side is no longer valid anyway. Means the force when and if the same was canceled meant we never became a civil servant, sir, "said Ricky.

Ricky dismissed from work that BPN. But until now there has been no decision on the dismissal with respect as a civil servant in his name.

According to Ricky, every civil servant can be dismissed under Article 8 paragraph b of Government Regulation (PP) No. 32 Year 1979 on Dismissal of civil servants. About when the effective date of termination, provided for in Article 29 on the PP. Ricky considers dismissal made by the Head of the National Land Agency is not in accordance with the laws and regulations that exist.

Ricky responds to the petition, the Constitutional Court judge Ahmad Fadlil Sumadi advises Ricky to clarify the description of the material being tested. "Description in your application is not so clear on the petition for legislation against the Constitution of 1945," said Fadlil.

Supposedly, continued Fadlil, the applicant mentions the content of Article 25 paragraph (2) of Civil Service Law and also mentions norms contained therein. "Next again, it is a constitutional norm, you explain in posita, any losses that you suffer due to Article 25 paragraph (2)?" said Fadlil.

Fadlil also raised the question of legal status (legal standing) Ricky. According to Fadlil, legal standing Ricky mentioned in his petition is in the form of practical disadvantages of a norm. In other words, it is losses resulting from the application of this norm. "If the loss was due to an application that does not comply with Article 25 paragraph (2), it is not on trial here," continued Fadlil.

In the eyes of Maria Farida Indrati, Ricky’s petition is quite confusing since there is a lot of repetition overlapping. Also according to Maria, the formulation of norms in the article tested is not an individual, but the president. Therefore, according to Maria, there is no constitutional rights were violated Ricky. "So, there is no constitutional right would have been violated because the Father of this article," said Maria.

Constitutional Court judge Muhammad Alim much less precise in the application Ricky. Alim advised Ricky imitate petition in the Constitutional Court. "A lot would have to change your application is," Alim advices. (Nur Rosihin Ana / mh/Yazid.tr)

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