MK Grants Withdrawal of Application for Material Test of First Aid Regulation

The Constitutional Court (MK) granted the withdrawal of the petition filed by six Kebumen Regency honorary teachers who tested the material rules regarding Government Employees with Employment Agreements (PPPK) as stated in Article 94 paragraph (1), paragraph (2), paragraph (3), and paragraph (4) of Law Number 5 Year 2014 concerning the State Civil Apparatus (ASN Law). The reading of the Number 1 / PUU-XVII / 2019 Decree was read by the Chief Justice of the Constitutional Court Anwar Usman in the verdict held on Thursday (02/14/2019) in the Plenary Session Room of the Constitutional Court.

Anwar explained that the Constitutional Court had held an Preliminary Examination session on January 15, 2019 with the agenda of listening to the Petitioners' petition. Then on January 25, 2019, the Court received a letter dated January 25, 2019 from the Petitioners stating the revocation of the application for judicial review of the ASN Law on the 1945 Constitution by registration of Case Number 1 / PUU-XVII / 2019. Then, Anwar explained in the Preliminary Examination session on January 29, 2019 with the agenda of examining the revised application and at the same time confirming the revocation of the petition, the Petitioners were absent even though they had been properly called.

"Therefore, the letter of request referred to is believed by the Panel of Judges is something that is true," he said in a hearing that was not attended by Ahmad Zahri, Sunarto, Samsi Miftahudin, Musbikhin, Jumari Saputro and Aris Maryono as the Petitioners.

Furthermore, Anwar explained that the request for revocation or withdrawal, the Judicial Consultative Meeting on January 30, 2019 had stipulated the request for revocation or withdrawal of the application for Case Number 1 / PUU-XVII / 2019 according to law.

"Granting the request for the withdrawal of the Petitioners' petition. The Application for Case Number 1 / PUU-XVII / 2019 concerning the constitutionality testing of Article 94 of Law Number 5 Year 2014 concerning State Civil Apparatus for the 1945 Constitution of the Republic of Indonesia was withdrawn, "said Anwar.

In the previous application, the Petitioners argued that the articles tested were considered to prevent them from being appointed as candidates for civil servants (CPNS). The applicant 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. The applicant has served for a dozen years as an honorary teacher, 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. (Arif Satriantoro / LA)

Source: THE CONSTITUTIONAL COURT OF THE REPUBLIC INDONESIA

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