Chief Justice Suhartoyo chairing the ruling hearing for the judicial review of Law No. 20 of 2023 on the State Civil Apparatus (ASN), Wednesday (5/14/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) declared the petition for case No. 12/PUU-XXIII/2025 on the judicial review of Law No. 20 of 2023 on the State Civil Apparatus (ASN Law) inadmissible. One of the Court’s considerations was that the Petitioner’s petitum were unclear.

“[The Court] declares the petition by the Petitioner for case No. 12/PUU-XXIII/2025 inadmissible,” said Chief Justice Suhartoyo at the ruling hearing on Wednesday, May 14, 2025 in the plenary courtroom.

Delivering the Court’s legal considerations, Deputy Chief Justice Saldi Isra said in the posita, the Petitioner did not build a legal argument based on some arrangement under the ASN Law. However, in the petitum, he requested the complete annulment of the Law without mentioning the material content of the paragraphs, articles, and/or parts of the Law requested to be annulled. The Petitioner also did not describe the conflict of any norms in the ASN Law with the 1945 Constitution.

Also read:

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The Petitioner, Erwin Febriansyah, did not submit a revised petition nor did he attend the petition revision hearing on Monday, April 21. Meanwhile, at the preliminary hearing on Monday, March 10, the Petitioner did not mention any specific articles in the ASN Law that he would like to challenge.

Instead, he questioned the Decrees of the Minister of Administrative and Bureaucratic Reform No. 320 of 2024 on the Mechanism of Civil Servant Recruitment for 2024 and No. 350 of 2024 on the Mechanism of Civil Servant Recruitment in Papua for 2024. He argued that the different age limits for prospective civil servants (CPNS) with a bachelor degree or senior high school (SMA/SMK) diploma as well as for indigenous Papuans (OAP) versus non-indigenous Papuans in Papua have led to injustice. He argued that it is unfair that the maximum age limit for CPNS with a bachelor degree is set to be the same as that for CPNS with only senior high school diploma, at 35 years old. He also emphasized that the 48-year-old limit for CPNS who are indigenous Papuans discriminates against non-indigenous Papuans.

In his petitum, he requested that the ASN Law as well as he Decrees of the Minister of Administrative and Bureaucratic Reform No. 320 of 2024 and No. 350 of 2024 be declared contrary with Article 1 of Law No. 40 of 2008 on the Eradication of Discrimination against Race and Ethnicity and Article 29I of the 1945 Constitution.

Read the petition for case No. 12/PUU-XXIII/2025 here.

Author         : Mimi Kartika
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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