Member of Commission III of the House of Representatives Nasir Djamil delivering his testimony during the hearing of Case Number 121/PUU-XXII/2024 online, Thursday (7/11). Photo by MKRI/Bayu.

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JAKARTA, MKRI - Member of Commission III of the House of Representatives M Nasir Djamil said the abolition of the State Civil Apparatus Commission (KASN) through Law Number 20 of 2023 on State Civil Apparatus (ASN Law) is part of structuring the ASN management system that refers to laws and regulations, so this change is referred to as a structural change by design. This was conveyed in the judicial review hearing of Article 26 paragraph (2) letter d and Article 70 paragraph (3) of Law Number 20 of 2023 on the State Civil Apparatus (ASN Law) at the Constitutional Court.

“Thus, the removal of KASN's existence in ASN management based on the ASN Law does not mean erasing the duties and functions that have been given to KASN, but rather transferring them to a ministry or agency with duties and functions, as stipulated in Article 26 paragraph (2) of the ASN Law,” Nasir said online in the hearing of Case Number 121/PUU-XXII/2024 with the agenda of listening to the testimony of the House of Representatives and the President on Thursday, November 7, 2024.

In addition, Nasir claimed that although Law Number 5 of 2014 has been replaced by the ASN Law and KASN was abolished, the government still supervises the merit system, principles, and ASN code of ethics and behavior. The government also supervises ASN neutrality, even by involving the community.

Furthermore, Nasir said that the types of violations and sanctions for ASN neutrality during the general election (election) continue to be socialized by the National Personnel Agency (BKN). For example, there was a BKN press release regarding the types of violations and sanctions for ASN neutrality during the 2024 General Election on February 2, 2024. Each report of alleged violations was then processed by the ministries/agencies included in the task force, namely BKN, Ministry of State Apparatus Empowerment and Bureaucratic Reform, Ministry of Home Affairs, Elections Supervisory Body (Bawaslu), and KASN.

“The Petitioners' concerns over the non-neutrality of ASN in the general election contestation, which in turn will produce ASNs who are not professional, have no integrity, and do not adhere to the principles of meritocracy, are certainly undesirable. Not only by the Petitioners, but, as previously stated, supervision of ASN neutrality is not only carried out by the government, in this case, BKN. But also through public participation to submit reports if there are activities that indicate ASN's non-neutrality in the general and regional elections,” Nasir said.

According to Nasir, it must be done together to maintain professionalism, integrity, and firmness in upholding the principle of ASN meritocracy. This is certainly done with the involvement of the wider community, including the Petitioners. A team will examine these reports to verify and then impose sanctions on the ASN if they are proven to have committed a violation.

In addition, the House stated that the abolition of KASN and the transfer of its duties and functions to the ministries are clearly not a form of setback in the implementation of bureaucratic reform. On the contrary, this is part of an effort to accelerate the structuring of ASN management that can support the implementation of national development programs towards a Golden Indonesia in 2045 amid the various challenges of implementing development itself.

When considering the construction of the Petitioners' petitum related to the conditional unconstitutionality of Article 26 paragraph (2) letter d of the ASN Law, the House conveyed the difference between merit and a merit system and the definition of a merit system in Article 1 number 12 and the Explanation of Article 26 paragraph (2) letter d of the ASN Law. As a system, there are components that support the system, including principles, basic values, as well as the ASN code of ethics and code of conduct, which are regulated in Chapter II of the ASN Law.

Thus, Nasir continued, the Petitioners' petitum requesting that these components be reinstated, will actually lead to uncertainty and legal uncertainty over the arrangements in the ASN Law and the merit system itself. Therefore, the construction of the Petitioners' petitum, which essentially requests that the provisions of Article 26 paragraph (2) letter d of the ASN Law be added regarding the principles, basic values, as well as the ASN code of ethics and code of conduct, will make the formulation of the provisions a quo not in accordance with the technique of writing laws and regulations and has excessive meaning because the things requested by the Petitioners are part of the merit system.

“Thus, what is requested by the Petitioners should be rejected because it has no basis in law and is merely a form of concern of the Petitioners,” Nasir said.

Meanwhile, the President/Government in today's hearing stated that they were not ready to submit their testimony. The Constitutional Court postponed the hearing for the Government's statement to Tuesday, December 3, 2024, at 10.30 WIB. On the other hand, Chief Justice Suhartoyo said the Constitutional Court would present KASN or at least those who were officials at that time, Prof. Sofyan Effendi and Prof. Dr. Agus Pramusinto.

Also read: 

Questioning the Absence of KASN Merit System Supervision under ASN Law

Petitioners Affirm Argument Against Abolition of KASN Merit System

The petition was filed by the Association for Elections and Democracy, the Committee for Monitoring the Implementation of the Regional Autonomy, and the Indonesia Corruption Watch to review the constitutionality of norms contained in Article 26 paragraph (2) letter e and Article 70 paragraph (3) of Law Number 20 of 2023.

In their petitum, the petitioners requested the Court to declare the substantial of Article 26 paragraph (2) letter d of Law Number 20 of 2023 on the State’s Civil Apparatus contradicts the 1945 and has no legally binding power as long as it is not interpreted as, “To exercise the authority as referred to in paragraph (1), the President delegates some of his authority to ministries and/or institutions that perform duties and functions in the field: .... d. supervision the implementation of the merit system, principles, basic values, code of ethics, and conduct of civil servants”.

They also asked the Court to declare the substance of Article 70 paragraph (3) of Law Number 20 of 2023 on the State’s Civil Apparatus contradicts the 1945 Constitution of the Republic of Indonesia and does not have legally binding power as long as it is not interpreted as “State’s Civil Apparatus Commission exercises its duties and functions as stipulated on Article 26 paragraph (2) letter d”.

Author: Sri Pujianti
Editor: Lulu Anjarsari P.
PR: Raisa Ayuditha Marsaulina

Translator: Rizky Kurnia Chaesario

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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