JURIDICAL IMPLICATIONS OF THE POTENTIAL TRANSITION OF PPPK TO CIVIL SERVANTS: AN ANALYSIS OF LAW NO. 20 OF 2023 ON STATE CIVIL APPARATUS

Abstract

This study aims to examine the juridical implications of the absence of explicit provisions regarding the transition mechanism for Government Employees with Work Agreements (Pegawai Pemerintah dengan Perjanjian Kerja or PPPK) to Civil Servants (Pegawai Negeri Sipil or PNS) in Law No. 20 of 2023 concerning the State Civil Apparatus (ASN). A normative juridical approach is employed, drawing upon primary and secondary legal sources, including Constitutional Court decisions and relevant policy documents. The findings reveal that the legal vacuum surrounding the status conversion of PPPK has resulted in legal uncertainty, administrative inequality, and a potential violation of the principles of justice and equality as guaranteed by the Constitution. The absence of affirmative mechanisms in the form of implementing regulations further impedes the realization of a fair merit-based system within the national civil service. Therefore, a responsive and affirmative legal policy framework is urgently needed to accommodate the aspirations of PPPK employees through derivative regulations that ensure legal certainty, equitable treatment, and consistency with the principles of good governance. The normative recommendations include the establishment of implementing regulations that define a performance- and service-based transition pathway, as well as the reinforcement of accountability and transparency in ASN policy processes.