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VOL. 12, ISSUE 4 (2026)
The urgency of establishing an oversight body for the implementation of the merit system as a follow-up to Constitutional Court Decision No. 121/PUU-XXII/2024
Authors
Suhaimi, Ainal Hadi, T Haflisyah, Andri Kurniawan, Della Rafiqa Utari
Abstract
Law Number 5 of 2014 concerning the State Civil Apparatus (the 2014 ASN Law) establishes the State Civil Apparatus Commission (KASN) as an independent, non-structural body, free from political intervention. KASN is tasked with overseeing the code of ethics for State Civil Apparatus (ASN) personnel and ensuring the implementation of a merit-based system. With the enactment of Law Number 20 of 2023 concerning the State Civil Apparatus (the ASN Law), the President has delegated a portion of their executive authority to ministries and/or agencies responsible for government functions related to the oversight of the merit-based system. The implementing regulation for this ASN Law—Presidential Regulation (Perpres) Number 91 of 2024, which amends Presidential Regulation Number 47 of 2021 concerning the Ministry of Administrative and Bureaucratic Reform (Kemenpan RB)—formally assigns two oversight functions regarding the merit-based system to Kemenpan RB. Article 18, points (a) and (c), stipulates that the Deputy for State Civil Apparatus Human Resources is responsible for formulating policies and overseeing the implementation of the merit-based system, as well as monitoring and evaluating policies within the scope of ASN management. Furthermore, Presidential Regulation Number 92 of 2024 concerning the State Civil Service Agency (BKN) was issued to strengthen BKN’s role in executing the technical oversight of the ASN. Through this regulation, BKN has been granted a new mandate to control the implementation of technical policies for ASN management and to oversee the application of the merit-based system. Consequently, the duties previously held by KASN have been officially transferred to Kemenpan RB and BKN.
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Pages:161-166
How to cite this article:
Suhaimi, Ainal Hadi, T Haflisyah, Andri Kurniawan, Della Rafiqa Utari "The urgency of establishing an oversight body for the implementation of the merit system as a follow-up to Constitutional Court Decision No. 121/PUU-XXII/2024". International Journal of Law, Vol 12, Issue 4, 2026, Pages 161-166

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The urgency of establishing an oversight body for the implementation of the merit system as a follow-up to Constitutional Court Decision No. 121/PUU-XXII/2024 | International Journal of Law