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Ministry of Law and Human Rights Dir. Gen. Law and Regulation Wicipto Setiadi said that the ruling of Article 119 and 123 paragraph (3) Act 5/2014 about Civil Servant Apparatus is not discriminative. The ruling is parallel to other related regulations.

Representing government, Wicipto said that discrimination is defined varies treatments over same thing by the Court. Otherwise, it is not considered discriminative if different treatment applied over something that actually different. “Thus, if different approach implemented to regular citizen and civil servant, this is not discrimination, both have their own standings,” he said toward the Panel led by Hamdan Zoelva, Thursday (11/27).  

In accordance to, civil servant’s obligation to resign before registering as political party member, it is considered coordinate other related regulations. One of which is Article 50 paragraph (1) Act 10/2008 about legislative elections that says, ”DPR and DPRD candidate must : a. Resign from Civil Servant, Military Corps, Police, regional state-enterprises officer, or other body whose budget revered from state financial, stated by non-redeemable letter of resignation.”    

Aside from it, MK once considered in its verdict number 12/PUU-XI/2-13 which says civil servant must resign before they compete in public official position. The mandatory is not violating the rights because no right is trespassed in this circumstance, it is more like jurisdiction consequence of their options.

He added, the matter of resignation was once filed to the Court. The lawsuit met some similarities to the current petition, for him mutatis mutandis stature is likely to be applied.  

Therefore, government stated that the Applicant’s right is not proven violated by the ruling of Article 119 and Article 123 paragraph (3) Act of Civil Servant. “It is wise if Your Majesty Constitutional Justice declare that petition is unacceptable,” he asked.  

Previously, Eduard Nunaki, Papua Civil Servant sees that resignation before registering for structural post candidacy is unconstitutional. “Applicant’s Constitutional rights were harmed by the ruling of mentioned Act due to the strictness of political space,” he said.  

Article 119 Act 5/2014, says:

Echelon and Prime Officials who will be applying for governor/vice governor, regent/mayor, and vice regent/vice mayor have to resign from the office in written letter before the candidacy registration”

Article 123 verse (3) Act 5/2014

ASN officials from PNS who propose for President/Vice President; Chief, Deputy Chief and member of Council of People’s Representative; Governor/Vice Governor; regent/mayor and vice regent/vice mayor have to resign in written letter as the registration started”

Therefore, Plaintiff asks MK to state Article 119 and 123 UU ASN oppose the Constitution. “If inapplicable for Indonesia, than please be considering just for Papua,” he said. (Lulu Hanifah/kun)

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