Petitioner Yuliansyah conveying revision to the petition in the second hearing of the judicial review of Law No. 5 of 2014 on State Civil Apparatus on Monday (4/3) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court held the second judicial review hearing of Law No. 5 of 2014 on State Civil Apparatus (ASN) on Monday (4/3/2019) in the Panel Courtroom of the Constitutional Court. Petitioner Yuliansyah conveyed the reduction of article for review. He had initially argued that Article 13; Article 25 paragraph (2) letters e and f; Article 27 letter b; Article 50; Article 53 letter e; Article 54 paragraphs (1), (2), (3), and (4); Article 87 paragraph (2), (3), and (4) letters b and d; Article 88 paragraph (1) letter c and paragraph (2); Article 129 paragraphs (1), (2), (3), and (4); Article 134; and Article 141 of the ASN Law were contrary to the 1945 Constitution. In the hearing he argued that Article 87 paragraph (4) letter c and paragraph (2) violated his constitutional rights as it contradicts Article 28D paragraphs (1) and (3) of the 1945 Constitution.

“The a quo article has impaired the Petitioner\'s right to be active in as guaranteed by the 1945 Constitution. The a quo article even treated the Petitioner unfairly, as another ASN who has served a 2 year sentence not related to his position can still be active, while the Petitioner, who was guilty while in office, was dishonorably discharged,” Yuliansyah explained before the Court presided over by Constitutional Justice Manahan M.P Sitompul in the presence of Constitutional Justices Suhartoyo and Enny Nurbaningsih. 

Through case No. 15/PUU-XVII/2019, the Musi Banyuasin civil servant (PNS) said that after receiving the decree letter of the Head of the National Civil Service Agency (BKN) on behalf of the President of the Republic of Indonesia on Dishonorable Discharge of Civil Servant No. 00002/KEPKA/THD/0217 dated February 8, 2017, he had been temporarily suspended. Then, his salary and benefits were terminated and he was not allowed to come to work. Until his retirement on July 21, 2018, his employment status was still unclear. (Sri Pujianti/LA/Yuniar Widiastuti)