The Civil Servants Act (UU ASN) related to Government Employees with\nWork Agreements (PPPK) has been challenged at the Constitutional Court\n(MK) for allegedly causing uncertainty in employment status and\ndiscrimination compared to civil servants (PNS).<\/p>\n
This judicial review petition, case Number 84\/PUU-XXIV\/2026, was\nfiled by the Forum for Archipelagic Intellectual Aspirations (FAIN),\nrepresented by Yumnawati and Supriaman, along with a PPPK lecturer,\nRizalul Akram.<\/p>\n
The petitioners\u2019 legal counsel, Abdul Basit, stated that additional\nindividual petitioners have been added to the application.<\/p>\n
\u201cThere is an addition (of petitioners) individually, Your Honours,\u201d\nAbdul Basit said during the petition amendment hearing at the MK on\nWednesday (1\/4).<\/p>\n
The challenged provisions are in Law Number 20 of 2023 on ASN,\nspecifically Article 34 paragraphs (1) and (2), and Article 52 paragraph\n(3) letter c.<\/p>\n
The petitioners question the phrase \u201cprioritised\u201d in Article 34\nparagraph (1), which states that ASN positions are more prioritised for\nPNS. Additionally, the phrases \u201cmay\u201d and \u201cspecific\u201d in Article 34\nparagraph (2) are seen as opening opportunities for restrictions on PPPK\nfilling certain positions.<\/p>\n
Furthermore, the phrase \u201cend of the work agreement period\u201d in Article\n52 paragraph (3) letter c is challenged because it is considered to\nallow automatic termination of PPPK employment without performance\nevaluation.<\/p>\n
Another legal counsel, Muhamad Arfan, assessed that these provisions\npotentially violate the principles of legal certainty and equality.<\/p>\n
\u201cThe phrase \u2018end of the work agreement period\u2019 could be interpreted\nas automatic termination of employment without an objective and\ntransparent performance evaluation mechanism,\u201d he said.<\/p>\n
According to the petitioners, these provisions make the future of\nPPPK uncertain because employment continuity fully depends on contract\nextensions that are not guaranteed.<\/p>\n
As a result, PPPK lack certainty in career planning and professional\nlife as state apparatus.<\/p>\n
\u201cThe continuity of PPPK employment fully depends on contract\nextensions that are not normatively guaranteed, so the career future of\nPPPK cannot be predicted,\u201d Arfan stated.<\/p>\n
The petitioners also consider these provisions contrary to the merit\nsystem principle in the UU ASN, which should place qualifications,\ncompetence, and performance as the main basis in managing state\napparatus.<\/p>\n
In their petition, the petitioners request the MK to provide a\nconstitutional interpretation of these articles, including ensuring that\nASN position filling is not discriminatory towards PPPK and that PPPK\ndismissal must be based on objective performance evaluation.<\/p>\n
Additionally, the petitioners claim to suffer constitutional harm in\nthe form of no guarantee of employment continuity, career uncertainty,\nand unequal treatment compared to PNS.<\/p>\n
\u201cSuch harm includes the absence of employment continuity guarantee as\nwell as the loss of certainty in career planning and decent livelihood,\u201d\nhe said.<\/p>\n
Through this petition, the petitioners hope the Constitutional Court\ncan provide legal certainty and justice for PPPK in the national civil\nservice system.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/civil-servants-act-on-contract-workers-challenged-at-constitutional-court-petitioners-question-uncertain-1775037068", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }