Constitutional Court Ruling Affirms Foreign Ministry Must Pay Retirees' Basic Salaries
The Cross-Generational Forum of Ministry of Foreign Affairs Retirees (FLAPK) believes that Constitutional Court Decision Number 177/PUU-XXIV/2026 provides clear affirmation that the Ministry of Foreign Affairs (Kemenlu) must be more proactive in resolving the issue of basic salary payments for retirees.
FLAPK Chairman Kusdiana expressed hope that the Ministry of Foreign Affairs will act in good faith to immediately pay the basic salaries of retirees, which have long been left unassigned during their service at Indonesian overseas missions, despite their sacrifices in maintaining Indonesia’s dignity abroad.
“The government is expected to set an example for the public through compliance with the Constitutional Court’s decision, as well as the laws and government regulations regarding the payment of basic salaries that it has established itself,” Kusdiana stated in a press release received in Jakarta on Wednesday.
FLAPK Legal Counsel Viktor Santoso Tandiasa added that, through this ruling, the Ministry of Foreign Affairs can no longer justify its silence or refusal to pay the basic salaries of FLAPK members—who served at Indonesian overseas missions from their time as Civil Servants (PNS) until retirement—on the grounds of expiration.
According to the Court, the issue of basic salary payments by the Ministry of Foreign Affairs does not constitute state debt; rather, it is a state obligation to pay. Crucially, the Court ruled that the right of retirees to claim these payments from the state, in this case the Ministry of Foreign and Foreign Affairs, is not subject to a statute of limitations.
Furthermore, he noted that the Court has also emphasised that the government must be more active in assisting with the resolution of the problems faced by the petitioners, specifically the members of FLAPK.
“This means the Court recognises that there is indeed an issue that must be resolved by the Ministry of Foreign Affairs, and the Court also mandates that the Ministry be more active in resolving this matter,” he said.
Consequently, he continued, Decision 177/2026 can serve as a legal basis for the Ministry of Foreign Affairs to coordinate with the Ministry of Finance to facilitate the disbursement of funds for the basic salary payments of FLAPK members during their assignments to Indonesian overseas missions.
In its verdict, the Court emphasised that the issue of unpaid basic salaries by the Ministry of Foreign Affairs does not constitute state debt. Therefore, according to the Court, the provisions of Article 40, paragraphs (1) and (2) of the State Treasury Law are no longer relevant for testing in the Constitutional Court.
In its legal considerations, the Court stated that through this decision, it is important to reaffirm that the government must be more active in helping to resolve the problems faced by the petitioners.
Furthermore, the Court conveyed that although the substance of the ruling concerns the exercise of rights that are not solely the responsibility of Civil Servants (ASN/PNS), an active role is required from the institutions or agencies where those officials served. In the context of the petitioners’ application, the Court assessed that there is an essential need for the government to actively assist in resolving the issues experienced by the petitioners.