Chief Justice Suhartoyo delivering the verdict of Decision No. 119/PUU-XXII/2024 on the judicial review of the State Civil Apparatus Law, Wednesday (10/16/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Petitioner does not have to worry that his constitutional rights be violated by the enforcement of Law No. 20 of 2023 on the State Civil Apparatus (ASN Law) as it regulates the rights of non-tenured employees, the Constitutional Court (MK) declared in Decision 119/PUU-XXII/2024 delivered by Constitutional Justice M. Guntur Hamzah on Wednesday, October 16, 2024 in the plenary courtroom. The petition was filed by Dhisky, who challenged Article 66 of the ASN Law.

The article 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.”

The Court stated that the norm regulates the deadline for the arrangement for non-ASN employees, which is December 2024. Government institutions are then prohibited from recruiting new non-ASN employees, including non-tenured teachers, since the ASN Law came into effect. The Court quoted Decision No. 9/PUU-XIII/2015, which it delivered on June 15, 2016, that contract-based government employees (PPPK) have been considered in the ASN Law, which not only regulates public applicants, but also the rights of non-tenured employees as long as they meet the qualifications.

Therefore, Justice Guntur added, since its enactment on October 31, 2023, the ASN Law has provided fair legal certainty and legal protection that is non-discriminatory. As such, it is not in contrast with Article 1 paragraph (3), Article 27 paragraph (2), and Article 28D paragraphs (1) and (2) of the 1945 Constitution, which the Petitioner argued.

“The Petitioner’s arguments are legally groundless in their entirety. [The Court] rejects the Petitioner’s petition in its entirety,” said Chief Justice Suhartoyo delivering the verdict.

Also read:

Non-Tenured Teacher Questions Uncertainty of Contract Govt Employees Arrangement

Non-Tenured Teacher Revises Petition on Non-ASN in ASN Law

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).

At the preliminary hearing on Tuesday, September 17, through his legal counsel, 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.

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. 

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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