By KUSNANDAR & CO., Attorneys at Law – Jakarta, INDONESIA
The Constitutional Court’s (MK)
decision to grant the judicial review of Law No. 20 of 2023 on the State Civil
Apparatus (ASN) marks an important step in safeguarding the independence and
professionalism of Indonesia’s bureaucracy. By approving case No.
121/PUU-XXII/2024, the Court reaffirmed the necessity of an independent
oversight body—the Civil Service Commission (Aparatur Sipil Negara, or ASN)—to ensure the merit system functions properly and to protect civil
servants from political interference.
In its consideration, the Court
highlighted a long-standing issue: throughout Indonesia’s bureaucratic history,
civil servants have too often been caught in the tug of war of political
interests. Changes in political leadership, power dynamics, and vested
interests have frequently influenced appointments, transfers, and promotions
within the civil service. As a result, the bureaucracy—supposed to be the
backbone of public service—has sometimes been reduced to an instrument of
political power.
This ruling deserves recognition
because it seeks to realign the balance of authority within Indonesia’s
personnel management system. The Court clearly emphasized the need for a separation
of functions between policy-makers, policy implementers, and policy overseers.
Without such separation, overlapping authority and conflicts of interest are
inevitable, jeopardizing objectivity and accountability in governance.
Under the new ASN Law, oversight
functions had been transferred to the National Civil Service Agency (BKN) and
the Ministry of Administrative and Bureaucratic Reform (PANRB). However, the
Court found this problematic—how can an institution act as both the executor
and the supervisor of its own policies? Here lies the importance of ASN as an
independent checks-and-balances mechanism operating outside the
executive structure, ensuring that the merit system is genuinely implemented.
Historically, ASN has played a
crucial role in guaranteeing that every civil servant is recruited, promoted,
and transferred based on competence rather than political affiliation or
personal connections. The abolition of ASN raised legitimate concerns about
the regression of meritocracy in Indonesia’s bureaucracy. The merit system is,
after all, the foundation of a professional, accountable, and politically
neutral civil service.
With ASN’s reinstatement, civil
servants should be able to work with a greater sense of security and career
clarity. They would no longer have to fear that their career trajectories could
be threatened by shifts in political leadership or administrative favoritism.
Protecting the professionalism of the civil service is essential to ensuring
that bureaucracy serves the public interest—not the interests of power.
Nevertheless, this Constitutional
Court decision also poses a challenge to both the government and the House of
Representatives. The revision of the ASN Law must not be a mere formal
restoration of ASN, but a genuine effort to strengthen its effectiveness,
independence, and oversight powers. ASN must not be revived as a symbolic
institution with limited authority; it should be empowered to enforce
accountability and uphold the principles of meritocracy.
Ultimately, this ruling reminds us
that bureaucratic reform is not only about administrative efficiency but also
about institutional integrity and moral responsibility. A neutral, merit-based
bureaucracy is essential to building a clean, professional, and service-oriented
government. Restoring ASN means restoring the dignity and integrity of
Indonesia’s civil service—ensuring it serves the people, not political power.
K&Co - October 17, 2025
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