Petitioners and legal counsels during the petition revision hearing for case Number 184/PUU-XXII/2024, Monday (17/3/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) – The Constitutional Court (MK) held the continued hearing for the petition filed by several retired civil servants of the Ministry of Foreign Affairs (MoFA) challenged the provisions on the payment of domestic basic salaries in Article 40 paragraphs (1) and (2) of Law No. 1 of 2004 on the State Treasury on Monday (17/3/2025).

The hearing agenda is to examine the petition revision on case Number 184/PUU-XXII/2024. Viktor Santoso Tandiasa as the Petitioners’ legal counsel mentioned that there were additional Petitioners, namely Petitioner VI–Petitioner XV. In addition, the Petitioners also refined the section on the legal standing regarding the length of assignment abroad and the description of the termination of the basic salary (domestic) while assigned abroad.

"The basic salary (domestic) is given because it includes a residence allowance, while the residence allowance is only one of the TPLN (overseas living allowance) facilities and the amount is only 25% of the total TPLN," said Viktor in the trial led by Chief Justice Suhartoyo accompanied by Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah as panel members.

Also read: MoFA Retirees Demands Payment of Basic Salaries

At the preliminary hearing on Tuesday (04/03/2025), the Petitioners filed a review of the provision on payment of domestic basic salary over time contained in the provisions of Article 40 paragraph (1) and paragraph (2) of Law 1/2004. According to the Petitioners, these articles are in conflict with Article 1 paragraph (3), Article 28D paragraph (1), Article 28D paragraph (2), Article 28I paragraph (4), and Article 28I paragraph (5) of the 1945 Constitution.

It is stated that the termination of basic salary (domestic salary) to civil servants in government agencies, namely the Ministry of Foreign Affairs, began with the issuance of Circular Letter (SE) Number 015690 dated October 16, 1950. This regulation then became the basis for the non-payment of basic salary (domestic salary) to Ministry of Foreign Affairs employees. The consideration for the termination was related to the limited supply of foreign exchange, and the policy was implemented while waiting for a definitive decision.

In the petitum, the Petitioners asked the Constitutional Court to declare that Article 40 paragraph (1) and paragraph (2) of the State Treasury Law is contrary to the 1945 Constitution and has no binding legal force, as long as it is interpreted: "applies to the domestic basic salaries of civil servants assigned to Indonesian Representatives Abroad."

Read the petition No. 184/PUU-XXII/2024 here.

Author           : Sri Pujianti
Editor            : N. Rosi
PR                 : Fauzan F.
Translator      : SO (YS)

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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