Legal counsels Nur Rizqi Khafifah and Andronikus Dianja delivering the revisions to the judicial review petition No. 119/PUU-XXII/2024 of the State Civil Apparatus Law, Tuesday (10/1/2024). Photo by MKRI/Bayu.
JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Article 66 of Law No. 20 of 2023 on the State Civil Apparatus (ASN Law) on Tuesday, October 1, 2024 in a panel courtroom. The petition revision hearing for case No. 119/PUU-XXII/2024, filed by Dhisky, a non-tenured teacher.
Before Constitutional Justices M. Guntur Hamzah (panel chair), Arief Hidayat, and Daniel Yusmic P. Foekh, legal counsels Nur Rizqi Khafifah and Andronikus Dianja took turns to deliver the revisions to the petition, including those on the elaboration of the Petitioner’s legal standing and the contradiction between the article being petitioned and the 1945 Constitution.
Nur Rizqi said that despite the guarantee of fair legal certainty mandated by Article 28D paragraph (1) of the 1945 Constitution, the Government does not arrange and inaugurate non-tenured teachers but instead recruits ASN and PPPK (contract-based government employees). This has disadvantaged non-tenured teachers as they would have to compete with fresh graduates and other applicants. The a quo article does not only apply to non-ASN employees in ministries, but also in primary and secondary public education units.
“This means that if the provision of the norm is not suspended until all non-tenured employees working before the ASN Law is enacted are appointed as ASN employees (PNS or PPPK), in addition to not providing a guarantee of legal certainty, there will also be a purge of all non-tenured employees and they will lose their jobs and income to meet their daily needs,” Nur Rizqi explained.
Also read: Non-Tenured Teacher Questions Uncertainty of Contract Govt Employees Arrangement
At the preliminary hearing on Tuesday, September 17, the Petitioner argued that Article 66 of the ASN Law 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.
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.”
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.