Honorary Teacher Test the ASN Law

Six Kebumen Regency honorary teachers submitted a judicial review of Government Employees with Employment Agreements (PPPK) listed in Article 94 paragraph (1), paragraph (2), paragraph (3), and paragraph (4) of Law Number 5 Year 2014 concerning Apparatus State Civil (ASN Law), Tuesday (1/15/2019) at the Plenary Session Room of the Constitutional Court. The rules that apply are considered to prevent them from being appointed as candidates for civil servants (CPNS).

The applicants for Case Number 1 / PUU-XVII / 2019, namely Ahmad Zahri, Sunarto, Samsi Miftahudin, Musbikhin, Jumari Saputro and Aris Maryono. Andi Muhammad Asrun as the attorney of the Petitioner stated that he had been harmed by the enactment of the ASN Law which narrowed the space and opportunities for honorary workers to be appointed as CPNS. This is because the maximum limit requirement is 35 years old and requires a minimum academic qualification for functional staff to be S1.

“Applicants who have served for a dozen years become honorary teacher personnel as if set aside on government policies that are considered to be impartial to honorary staff, because they cannot participate in CPNS opening in 2018,” he explained in a session chaired by Constitutional Justice I Dewa Gede Palguna .

The Petitioner, Asrun continued, has served for a dozen years as honorary teacher staff, but feels wasted on government policies that are deemed impartial to honorary workers. The applicant felt that he did not get justice amid the joy of opening CPNS vacancies in 2018.

“Ironically, with the issuance of Law 5/2014 increasingly narrowing the space and opportunities for honorary workers to be appointed as CPNS. This is because, requires a maximum limit of 35 years of age and requires a minimum academic qualification for functional staff is S1, “he said.

The basic reason for the Petitioner to persevere, Asrun said, is the dream and belief that one day a government regulation or policy will be born that accommodates the Applicants to be appointed as an ASN.

Legal Position Not Clear

Constitutional Justice I Dewa Gede Palguna asked the Petitioner not to mix the explanation of legal standing or legal position on the grounds of the conflict of the 1945 Constitution (UUD 1945). The issue of legal standing, he said, talks about the constitutional rights violated by the existence of the article. “This has not yet seen the constitutional loss experienced by the Petitioner. “What is seen is a description of the rights given by the Act,” he explained.

While related to the part of the conflict with the 1945 Constitution, Palguna said that the Court could not speak too much, because it would be considered by the Constitutional Court to make this request. But in broad outline the Petitioner must explain why the article being tested is considered to be contrary to the Constitution.

Similarly, Constitutional Justice Enny Nurbaningsih saw that there had not been any constitutional loss experienced by the Petitioner. He said that the Constitutional Court did not handle a concrete case so that the Petitioner had to explain the location of the unconstitutionality of the article being tested. Enny also criticized if the article tested would later be granted by the Constitutional Court, it would nullify other articles in the ASN Law. “So, Article 94 which is tested is the parent of this Law which regulates the existence of PNS and PPPK. “If this is abolished, then the other articles that speak regarding PPPK will also be questioned,” he said.

While Manahan Constitutional Justice MP Sitompul criticized the problem of the format of the request because it must clearly state the article to be tested because if not later it will be considered the entire contents of the Act to be tested to the Constitutional Court. In addition, he also asked the Petitioner to strengthen the legal position because the norms tested must be constructed with the Petitioner’s legal position. (Arif Satriantoro / LA)

Source: THE CONSTITUTIONAL COURT OF THE REPUBLIC INDONESIA