Constitutional Justice M. Guntur Hamzah chairing a judicial review hearing of Law No. 20 of 2023 on the State Civil Apparatus, Tuesday (9/17/2024) in a panel courtroom. Photo by MKRI/Panji.

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JAKARTA (MKRI) — Dhisky, a non-tenured teacher, has challenged Article 66 of Law No. 20 of 2023 on the State Civil Apparatus (ASN Law) to the Constitutional Court (MK). The preliminary hearing for case No. 119/PUU-XXII/2024, presided over by Constitutional Justices M. Guntur Hamzah (panel chair), Arief Hidayat, and Daniel Yusmic P. Foekh took place in a panel courtroom on Tuesday, September 17, 2024.

Article 66 of the ASN Law reads, “The arrangement of non-ASN employees or any other designations shall be completed by December 2024 and since this Law is in effect, Government Institutions shall be prohibited from recruiting non-ASN employees or any other designations other than ASN employees.”

Legal counsel Viktor Santoso Tandiasa asserted that the article is against Article 1 paragraph (3), Article 27 paragraph (2), and Article 28D paragraphs (1) and (2) of the 1945 Constitution. The Petitioner is a non-tenured teacher who has been teaching since 2020. He has also been registered in the basic education data (Dapodik) and received his share of classrooms to teach. However, he has not received a unique number of teachers and education personnel (NUPTK).

In 2022, he could not apply to become contract-based government employee (PPPK) teachers since his dapodik data could not be directly verified in the state apparatus candidate recruitment system (SSCASN). In 2023, he failed to reapply since the system would only allow applicants to apply at their current schools, while the local government had not created any vacancy.

The Petitioner has not been an ASN or PPPK in December 2024, so he potentially faces layoff.

“The provision of Article 66 of the ASN Law not only applies to non-ASN employees in ministries, but in all government institutions. This norm also leads to legal uncertainty since there is no clear distinction between non-ASN employees or other designations and non-tenured teachers recruited by central or local governments as well as non-tenured teachers and non-tenured teachers with individual employment contracts (KKI),” Tandiasa said.

In his petitum, the Petitioner asks that the Court declare the phrase “Government Institutions” in Article 66 of the ASN Law unconstitutional and not legally binding if not interpreted as “excluding education units organized by the Government at the primary, junior secondary, and senior secondary levels.”

Justices’ Advice

Constitutional Justice Arief Hidayat said the issue that the Petitioner is questioning must be clarified, that the petition challenges the entire article but the petitum mentions only a certain phrase. “Therefore, it must be clarified and affirmed the contradiction of the article or phrase challenged in this [case],” he said.

At the end of the hearing, Constitutional Justice M. Guntur Hamzah informed the Petitioner that he would have 14 days to revise the petition and submit it to the Registrar’s Office by Monday, September 30, 2024 at 15:00 WIB. The Court will then schedule the next hearing and notify the Petitioner.

Author            : Sri Pujianti
Editor             : N. Rosi
PR                 : Tiara Agustina
Translator       : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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