Legal counsels of the Petitioner in the second hearing of the judicial review hearing of Article 58 paragraph (1) of Law No. 5 of 2014 on State Civil Apparatus, Wednesday (6/2) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The Constitutional Court (MK) held the second hearing of the judicial review of Article 58 paragraph (1) of Law No. 5 of 2014 on State Civil Apparatus (ASN Law), Wednesday (6/2/2019). The hearing had been scheduled to hear the revision to the petition.

Legal counsel Muhammad Junaidi said that his client had revised the subject of the petition. He also had revised the format of the article as well as the evidence. In addition, the Petitioner also had revised his legal standing and the petitum of the petition.

“We are trying to emphasize that [the] petition on Article 58 paragraph (1) is conditionally constitutional insofar as interpreted as ‘to fulfill the need for personnel in accordance with the services workload and tenure.’ That is what we are trying to emphasize in [the] petition,” he stressed.

Nurse Ahmad Ihsan petitioned the procurement of civil servants (PNS) that he claimed to only be based on the required competencies. Article 58 paragraph (1) of the ASN Law reads, “Procurement of civil servants is an effort to fulfill the need for administrative and/or functional positions within a government institution.” the Petitioner explained the Health Workforce Development plan for 2011-2025 by the Ministry of Health, which the Petitioners assessed as contradictory if the procurement of ASN positions was based on the competencies required.

According to the Petitioner, the provisions in the ASN Law can lead to discrimination of rights, including rights not granted to contract-based teachers, nurses, and other professions that have committed themselves in the profession to become ASN. The Government without considering justice for the community only prioritizes legal certainty in fulfilling the demand of ASN. (Arif Satriantoro/LA/Yuniar Widiastuti)