Jakarta, VIVA \u2013 Government employees with work agreements (PPPK) are\nchallenging Law Number 20 of 2023 on the Civil Service (UU ASN) before\nthe Constitutional Court (MK) because they do not want to become\nsecond-class civil servants.<\/p>\n
The Forum for Nusantara Intellectual Aspirations (FAIN), the body\nthat represents PPPK lecturers and education staff, asks the MK to grant\nPPPK the same opportunities as civil servants (PNS) to hold managerial\nand non-managerial positions and equality in pension arrangements.<\/p>\n
\u2018Articles 34(1) and (2) and Article 52(3)(c) of the UU ASN actually\nrestrict the constitutional rights of the applicants in civil service\npositions, thereby legally placing PPPK not as full ASN, but merely as\n\u201csecond-class ASN\u201d,\u2019 said the applicant\u2019s counsel, Muhamad Arfan, at the\nfirst hearing at the MK in Jakarta on Friday, 6 March 2026.<\/p>\n
In this petition, FAIN, as the umbrella organisation for PPPK\nlecturers and education staff, says their constitutional rights to\nobtain guarantees, protection, legal certainty, and equality before the\nlaw are being violated.<\/p>\n
According to the applicant, the phrase \u2018prioritised to be filled by\nPNS\u2019 in Article 34(1) UU ASN has created a preference that places PPPK\nin a subordinate position. The phrase is considered to create status\ndiscrimination between PNS and PPPK.<\/p>\n
\u2018This norm shifts meritocracy from a principle to an administrative\npreference, thereby contradicting the merit system which is the very\ncore of ASN management,\u2019 Arfan said.<\/p>\n
Additionally, the applicant also challenges the phrase \u2018can be filled\nfrom PPPK\u2019 in Article 34(2) UU ASN. The phrase is regarded as permissive\nor open-ended, not imperative or a directive, thus only providing a\npossibility rather than guaranteeing rights.<\/p>\n
\u2018Thus, PPPK are not placed as legal subjects with normative rights to\naccess positions, but merely as alternatives whose existence depends on\nthe administrative policy of the agency,\u2019 said the other counsel, Dicky\nSupermadi.<\/p>\n
The applicants argue that if PPPK can only fill certain positions,\nwhile PNS are prioritised for most positions, PPPK face the risk that\ntheir careers will be hampered or even excluded from filling major\npositions.<\/p>\n
With the application of this phrasing, PPPK experience legal\nuncertainty regarding career pathways and position development, which\nhas implications for their motivation, life planning, and job\nstability.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/pppk-challenge-uu-asn-in-the-constitutional-court-refusing-to-be-second-class-civil-servants-1772791379", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }