Semarang (8/11) – Commission II Committee of the Indonesian House of Representatives (DPR RI) conducted a working visit to Diponegoro University to discuss the Bill on State Civil Apparatus during the Second Session of the Year of 2021-2022, related to the Law of the Republic of Indonesia Number 5 of 2014 concerning State Civil Apparatus. The discussion on this bill was attended by 12 participants from Commission II of the DPR RI by presenting three experts as resource persons, namely Dr. Drs. Hardi Warsono, MTP (Dean of Faculty of Social and Political Sciences Undip); Prof. Dr. Retno Saraswati, S.H., M. Hum. (Dean of Faculty of Law Undip); and Ika Riswanti Putranti, S.H., M.H., Ph.D. (Vice Dean II of Faculty of Social and Political Sciences Undip). The event hosted by Dr. Drs. Teguh Yuwono, M.Pol.Admin as Deputy Dean I of Faculty of Social and Political Sciences Undip was held in Hall 3, Building A of FISIP Undip Tembalang.

In his speech, the Dean of Faculty of Social and Political Sciences Undip, Dr. Drs. Hardi Warsono, MTP, hoped that this event could be a forum for discussion and a space for representatives of Commission II of the DPR RI to gain useful insights from this working visit. Saan Mustopa, M.Si. as Deputy Chairman of Commission II of the DPR RI explained that this working visit was an implementation of the legislative function of the DPR RI which included the formulation and discussion of the bill. “We need views and input from campuses regarding the Bill on State Civil Apparatus because universities are not political institutions, so the input will be very important and objective,” said Saan Mustopa, M.Sc.

The DPR RI took a closer look at the function and performance of the State Civil Apparatus Commission (KASN) and along with the issue of the dissolution of the KASN, the DPR RI submitted a bill on State Civil Apparatus. The aim is to maintain the quality of State Civil Apparatus in terms of work capacity, integrity, management, and public services, as well as to carry out a supervisory function regarding the performance of KASN.

According to Dr. Drs. Hardi Warsono, MTP, a state institution should run a merit system, but in practice there are still many who apply a spoils system which results in many violations in the process of filling positions, violations of neutrality of State Civil Apparatus, and obstacles in achieving the work targets of merit system as a National Priority and National Strategy for Corruption Prevention . If KASN is dissolved, its function will be carried out by the Ministry of Administrative and Bureaucratic Reform of the Republic of Indonesia (Kemenpan-RB). However, risks such as overlapping roles in policy formulation and supervision as well as loss of supervisory independence can occur due to conflicts of interest. Dr. Hardi stated that the principle of separation of authority for State Civil Apparatus management must be enforced, starting from policy formulation by the Kemenpan-RB, the management of State Civil Apparatus by BKN, R&D and professional training by LAN, and meritocracy supervision by KASN. “The function of KASN must be re-enforced, so that State Civil Apparatus work professionally, transparently, objectively, and free of political intervention,” concluded the Dean of Faculty of Social and Political Sciences Undip.

Analyzing from the legal point of view, Prof. Dr. Retno Saraswati, S.H., M. Hum. said that it was possible to change the law and that the DPR RI had taken the right procedural steps, by forming an academic text in the form of a bill and seeking input from academics. Academics from universities represent public participation in the process of law formation. According to her, if KASN is to be dissolved, an in-depth study must be conducted by objectively assessing its duties and performance results as well as the reasons why the institution should be dissolved. “Evaluation is important, by applying the principles of efficiency and effectiveness. The important thing is that its function must be maintained because the State Civil Apparatus who has integrity is an acceleration capital to achieve state goals,” said the Dean of the Faculty of Law Undip.

Regarding the rights and obligations of Government Employees with Employment Agreement (Pegawai Pemerintah dengan Perjanjian Kerja / PPPK), Prof. Retno stated that there should be no discrimination with State Civil Apparatus because in practice the two positions have the same task. PPPK also replaces the role of State Civil Apparatus when they retire, so there is a need for an article that regulates the budget for PPPK. In the formulation of the Bill on State Civil Apparatus, she suggested that considerations should be made because the budget will also affect the Government Regulation. Human resources of sufficient quality and quantity are indispensable for the functioning of the state to run properly.

The third resource person, Ika Riswanti Putranti, S.H., M.H., Ph.D., analyzed the Bill on State Civil Apparatus from an international perspective according to the world class bureaucracy and world class public service. In implementing the merit system, Indonesia can follow the example of the Australian Public Service Commission (APSC) by Australia which carries out people management well so that each position can carry out its functions optimally in accordance with its responsibilities, vision and mission.

Determination of the number of State Civil Apparatus must be set carefully through the concept of right-sizing bureaucracy as an efficient way to determine the appropriate bureaucracy function. Studies in streamlining the bureaucracy must be carried out on an ongoing basis because quality human resources are an investment for the state. Regarding the budget, pension funds and pension plan (JHT) for PPPK also need to be discussed in the Bill on State Civil Apparatus. According to Ika Riswanti, the implementation of the merit system must be accompanied by strict supervision and the application of punishment if someone violates the law.

The liquidation of KASN can be prevented if the institutional functions can be carried out in a strong manner. The code of ethics and basic norms in the implementation of the merit system are the basis for carrying out the KASN function.

Each position has competence and consequences, so evaluation needs to be carried out and through this discussion there are many reviews and inputs related to the Bill on State Civil Apparatus from various scientific points of view. It is hoped that inputs from Undip academics can enrich the contents of the Bill on State Civil Apparatus so that it can become a guide in the formation of laws that make state governance more efficient. (Titis – Public Relations)