East Kutai civil servant Ricky Elviandi Afrizal filed a petition number 5/2014 about Civil Servant Act (UU ASN). The first hearing was held on Tuesday (12/16) at MK Plenary Room.

Ricky, wired through video conference situated at Mulawarman University, told that his constitutional right was harmed by the ruling of Article 7 paragraph (1) and Article 21 letter a UU ASN. The former read, “Civil servant as determined in Article 6 letter a is those who are inaugurated as permanent employees by the authorized officials and own national civil servant id number”. While the later says, “Civil Servants own rights to receive a. salary, allowance, and facilities”.   

The Applicant who once was a Kutai Timur Chief of Land Management, deemed that by the ruling of UU ASN his rights as civil servant were harmed.

“Abolishment and removal of civil servants’ rights and statuses and potentially become legal fact, has harmed justice principle, legal certainty, and governance. Albeit, BPN RI chief had never issued Applicant’s dismissal,” he told the Panel chaired by Justice Muhammad Alim.

For the provision, the Applicant asked the Court to annul the Articles mentioned all means including also comprising employee identification number belongs to the Applicant.

In response to the request, Justice Muhammad Alim cited account of advices, flaws in the reviewed Articles must be taken to concern. Let alone similar petition that had been reviewed by the Court in 2012, due to its competency.    

“Set-up in reviewing law in Constitutional Court only comprising norms, we are incompetent in reviewing concrete cases, the dismissal is not our (Constitutional Court) concern. It may be related to State Administration Court or Employee Affairs Things, not ours,” Alim detailing.

Meanwhile, Justice Ahmad Fadlil Sumadi asked the Applicant to revise their petitum, due to MK incompetency in reappointing Applicant to be Civil Servant. “The Court may only declare Article 7 paragraph (1) against the constitution or reinterpreting the norms. Particularly referring Ricky Elviandi Afrizal or so on is not our thing. This Court of Norm not Cases Court,” he said. (Lulu Anjarsari/kun)