The Petitioner at the second hearing for the judicial review of Law No. 20 of 2023 on the State Civil Apparatus for case No. 120/PUU-XXIV/2026, Wednesday (4/22/2026). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — Ifsan Massa Karundeng presented the revisions to his petition for the judicial review of Law No. 20 of 2023 on the State Civil Apparatus (ASN Law) before the Constitutional Court. He believes his constitutional rights have been harmed due to lack of opportunity to participate in the recruitment of civil servants (PNS) due to the implementation of uniform upper age limits.

“In practice, the limit does not provide any flexibility for persons with disabilities, thus leading to equal treatment in unequal conditions, which is against the principle of justice,” the Petitioner argued at the petition revision hearing for Case No. 120/PUU-XXIV/2026 on Wednesday, April 22, 2026.

He explained that at twelve years of age he had lost both parents and subsequently grew up without any support from his family. He faced economic, social, and psychological burdens during childhood and adolescence. This created a vulnerable condition that has affected his long-term psychological stability.

After completing his education in 2016, he was not immediately able to participate optimally in the civil service recruitment. Around 2019, he began experiencing mental health issues that significantly affected his cognitive abilities, emotional stability, concentration, and readiness to undergo civil service recruitment.

On several occasions, the Petitioner continued to attempt to participate in civil service recruitment as an effort to obtain employment and a decent livelihood. However, at that time, he had not yet received a clear medical diagnosis of mental disability. Only afterward did he obtain an accurate medical diagnosis of bipolar disorder and borderline personality disorder, and subsequently undergo continuous medical treatment and pharmacotherapy.

In addition, the Petitioner has a physical health condition, with laboratory results showing reactive HBsAg, indicating a Hepatitis B infection. This condition has also affected overall physical health and impacted his readiness and stability in participating in employment selection processes.

Nevertheless, the ASN Law does not explicitly regulate the age limit for applicants nor provide specific provisions that take into account the conditions of persons with disabilities. The absence of such regulation creates room for implementing regulations that are uniform, without considering the differing conditions actually experienced by persons with disabilities.

In his petitums, the Petitioner requests the Court to declare Article 1 point 15, Article 2 letters j and l, Article 27 paragraph (2), and Article 28 paragraph (2) conditionally unconstitutional and not legally binding, insofar as they are not interpreted to mean that: a. the merit system in the management of ASN must be accompanied by affirmative action for persons with disabilities; b. the State is obligated to provide reasonable accommodation throughout all stages of ASN recruitment; c. provisions regarding age limits in ASN recruitment must provide exceptions or proportionate special treatment for persons with disabilities; and d. implementing regulations of the Law a quo must guarantee substantive equality, non-discrimination, and special protection for persons with disabilities.

The petition was examined by a panel consisting of Chief Justice Suhartoyo as chair, accompanied by Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah. The Chief Justice said that the panel would inform the constitutional justices of today’s hearing at a justice deliberation meeting to decide whether it will be decided right away or proceed through plenary evidentiary hearings.

Also read: Lack of Age-Related Affirmative Policy for PWDs in Civil Service Recruitment Questioned

Explore case No. 120/PUU-XXIV/2026 (in Indonesian).

Author         : Mimi Kartika
Editor          : N. Rosi
PR               : Andhini S. F.
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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