Petitioners in the judicial review of the State Civil Apparatus Law submitted supplementary documents to court officers during the preliminary hearing examining revisions to their application, Monday (26/01/2026). Photo: Public Relations/IlhamWM

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JAKARTA, MKRI – The Constitutional Court (MK) convened a hearing to examine revisions to the petition for judicial review of Article 19 paragraph (2) letter b, Article 19 paragraph (3), and Article 19 paragraph (4) of Law Number 20 of 2023 on the State Civil Apparatus (ASN Law). The hearing for Case Number 268/PUU-XXIII/2025 was presided over by Deputy Chief Justice Saldi Isra, accompanied by Constitutional Justices Ridwan Mansyur and Arsul Sani.

During the proceedings, Petitioner Syamsul Jahidin presented several revisions to the application. He explained that in the section on the Constitutional Court’s jurisdiction, particularly pages one through four, his team had added further elaboration to point three. In addition, in accordance with the Panel of Justices’ guidance in the previous hearing, Petitioner II and Petitioner III were removed, leaving two petitioners, namely Petitioner I and Petitioner II.

Syamsul also outlined the constitutional harm allegedly suffered by the Petitioners due to the enactment of the challenged norms. According to him, the rights of Petitioner II as both an advocate and a citizen are potentially impaired because the provisions could affect the effectiveness of constitutional governance.

“This harm is potential and certain to occur due to the entry of ‘state instruments’ into civil positions, which undermines the spirit of the 1998 Reform,” Syamsul stated during the hearing held Monday (26/1/2026) in the MK Plenary Courtroom.

Previously, four Indonesian citizens from diverse professional backgrounds filed the judicial review petition challenging Article 19 paragraph (2) letter b, Article 19 paragraph (3), and Article 19 paragraph (4) of the ASN Law. The Petitioners were Evy Susanti (private employee/homemaker), Ria Merryanti (civil servant), Syamsul Jahidin (advocate), and Hapsari Indrawati (nuclear medicine specialist).

At the preliminary examination hearing for Case Number 268/PUU-XXIII/2025 on Monday (12/1/2026), only Evy Susanti and Syamsul Jahidin were present. On that occasion, Syamsul emphasized that active members of the Indonesian National Police (Polri) are constitutionally prohibited from holding civil positions, including ASN posts without first relinquishing their status as state security apparatus.

“Active members of the National Police, constitutionally, cannot concurrently hold or occupy civil positions, including ASN posts, without first relinquishing their status as state apparatus,” Syamsul asserted.

The Petitioners argue that the provision in Article 19 paragraph (2) letter b of the ASN Law which allows certain ASN positions to be filled by Polri personnel contradicts the 1945 Constitution of the Republic of Indonesia. They also referred to Constitutional Court Decision Number 114/PUU-XXI/2023, which affirmed that active police officers cannot be placed outside the police institutional structure. The ruling is erga omnes and binding on all state institutions.

According to the Petitioners, the phrase “members of the Indonesian National Police” in Article 19 paragraph (2) letter b of the ASN Law should be interpreted as referring only to police officers who have resigned or retired from active service. Such an interpretation, they contend, would align with the 1945 Constitution and the Law on the Indonesian National Police, and should be applied consistently in regulating the career civil service. (*)

 

Author                         : Utami Argawati
Editor                          : Lulu Anjarsari P.
Public Relations          : Adriana Airlia Y

Translator                    : SO

 

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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