Legal counsel for the Petitioners Ai Latifah in the ruling hearing of the judicial review of the State Civil Apparatus (ASN) Law, Thursday (14/2) in the Plenary Courtroom of Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court approved the withdrawal of the judicial review petition filed by six contract-based teachers of Kebumen District who reviewed the provision on the contract-based government employees (PPPK) as stipulated in Article 94 paragraphs (1), (2), (3), and (4) of Law Number 5 of 2014 on State Civil Apparatus (ASN Law). The Decision No. 1/PUU-XVII/2019 was read by Chief Justice Anwar Usman in the ruling hearing on Thursday (14/2/2019) in the Plenary Courtroom of Constitutional Court.

The Chief Justice explained that the preliminary examination hearing had taken place on January 15, 2019 to hear the petition of the Petitioners. Then, on January 25, 2019, the Court received a letter dated January 25, 2019 from the Petitioners on the withdrawal of the judicial review petition of the ASN Law against the 1945 Constitution registered as No. 1/PUU-XVII/2019. Then, he said that in the hearing on January 29, 2019 scheduled to hear the petition revision and confirm the petition withdrawal, the Petitioners did not attend although had been summoned accordingly.

“Therefore, the [panel of justices believes] the request letter in question to be authentic,” he said in the hearing, where Petitioners Ahmad Zahri, Sunarto, Samsi Miftahudin, Musbikhin, Jumari Saputro, and Aris Maryono were absent.

Then, Justice Anwar explained that the Justices Deliberation Meeting on January 30, 2019 had decided that the withdrawal of petition No. 1/PUU-XVII/2019 was had legal grounds.

“Approves the request for the withdrawal of the Petitioners’ petition.  Petition of case No. 1/PUU-XVII/2019 on the judicial review of the constitutionality of Article 94 of Law Number 5 of 2014 on State Civil Apparatus against the 1945 Constitution is declared withdrawn,” he asserted.

The Petitioners had previously claimed that the articles impugned had hindered them to be appointed as CPNS. The Petitioners had claimed that they had been harmed by the enactment of the ASN (State Civil Apparatus) Law, which reduced the opportunity for contract-based employees to be appointed as CPNS. This is because the maximum age limit is 35 years and functional staff positions require a minimum academic qualification of bachelor\'s degree (S1). The Petitioners, who have served for years as contract-based teachers, felt they had been abandoned due to the government policy that they consider discriminatory against contract-based staff, because they cannot participate in CPNS recruitment in 2018. (Arif Satriantoro/LA/Yuniar Widiastuti)