Legal Rumors Behind the Polemic of the SKD CPNS Threshold in 2018
Pojok Pos. In the past one week the National Personnel Agency (BKN), especially on the @BKNgoid Twitter account, has been filled with complaints and questions related to the implementation of basic competency selection (SKD) for the Acceptance of Candidates for Civil Servants (CPNS) in 2018. the failure of the participants who participated in the SKD CPNS, especially for those who "stumbled" by the threshold provisions (passing grade) especially in the Personal Characteristics Test section. The issue of the amendment to the regulation on the SKD CPNS provisions was sticking out and was widely reported by national media.
Before entering the core of the discussion, as a disclaimer of my position in the implementation of SKD CPNS 2018, this was one of the participants of the SKD CPNS 2018 who registered with one of the Ministries through the public channels. The test results that I followed passed the passing grade set by the Minister of Administrative Reform (Bureaucratic Reform) and Bureaucratic Reform Number 37 of 2018 concerning the Threshold Value of the Selection of Basic Competencies for the Procurement of Prospective Civil Servants in 2018, hereinafter referred to as Permenpan 37/2018 .
In this paper I try to focus on the substance of potential legal problems that are the basis of knowledge that I have. As well, I will only focus on the threshold values that are contested by public channels which are the main sources of polemic that have arisen lately.
Participant Graduation Number
Provisions for the threshold set by the Minister of PAN in this 2018 CPNS SKD as stated in Article 3 of Permenpan 37/2018 for general lines are divided into three areas: a. The National Insight Test (TWK) is 75 Points, General Intelligence Test (TIU) is 80 Points, and Personal Characteristics Test (TKP) is 143 Points. So that referring to this, the minimum cumulative value that must be possessed by participants to pass SKD is 298 points.
The reality that is happening now is that many participants were able to cross the threshold of TIU and TWK but failed in the TKP field. According to BKN records as quoted by AFP, as of November 10, the national graduation rate ranged from 3%. However, this figure is not final and is still volatile considering that at the time of this writing the SKD process in several government agencies is still ongoing. As a shadow of the reader, the formation opened by the government at the reception of CPNS this year is around 238,000 formation and contested by around 2.7 million participants.
Potential Legal Problems
The escalation of the SKD CPNS issue increased when there was a petition initiated by an account named Mizan Banjarnegara at change.org which demanded that a review and revision of the SKD CPNS 2018 threshold be carried out. When I made this paper there were more than 20 thousand accounts that signed the online petition .
Basically everyone has the right to express his opinion and convey expressions of his dissatisfaction, especially to state administrators in any way appropriately and in accordance with applicable law as mandated in the constitution. The petition initiated by the Mizan Banjarnegara account is a natural thing in a democratic country as a form of expression of citizens' disappointment over the SKD CPNS system.
Furthermore, when looking at the substance of the petition, one of the points of his claim is to revise the contents of Permenpan 37/2018, mainly related to the provisions regarding the participants' breakthroughs. It should be stressed that basically the provisions regarding thresholds are determined by formal legal instruments, namely ministerial regulations. Formally ministerial regulations are one type of legislation as stated in Article 8 paragraph (1) of Law Number 12 of 2011 concerning Establishment of Legislation.
The juridical consequences of the enactment of ministerial regulations, in this case Permenpan 37/2018, are that they are generally accepted and become a positive law for the implementation of CPNS recruitment. The reason for setting the threshold into regeling is a manifestation of the Indonesian legal system that is more dominantly directed towards the system of the European civil (civil law) which he thinks is legism that puts written law as the main source of law. This is aimed at the realization of legal certainty in every act of the authorities, including in terms of the implementation of SKD CPNS.
In one of the doctrines of legal positivism, the ruler is not permitted to make rules (including revising) which can be retroactive because it can injure legal certainty and justice to be achieved. This teaching is known as the anti-retroactive principle. Prof. Dr. Wirjono Prodjodikoro S.H. in his book Criminal Law Principles in Indonesia states that this principle has actually been determined for all fields of law and specifically repeated for criminal law contained in Article 1 paragraph (1) of the Criminal Code. In the pid legal regime
Before entering the core of the discussion, as a disclaimer of my position in the implementation of SKD CPNS 2018, this was one of the participants of the SKD CPNS 2018 who registered with one of the Ministries through the public channels. The test results that I followed passed the passing grade set by the Minister of Administrative Reform (Bureaucratic Reform) and Bureaucratic Reform Number 37 of 2018 concerning the Threshold Value of the Selection of Basic Competencies for the Procurement of Prospective Civil Servants in 2018, hereinafter referred to as Permenpan 37/2018 .
In this paper I try to focus on the substance of potential legal problems that are the basis of knowledge that I have. As well, I will only focus on the threshold values that are contested by public channels which are the main sources of polemic that have arisen lately.
Participant Graduation Number
Provisions for the threshold set by the Minister of PAN in this 2018 CPNS SKD as stated in Article 3 of Permenpan 37/2018 for general lines are divided into three areas: a. The National Insight Test (TWK) is 75 Points, General Intelligence Test (TIU) is 80 Points, and Personal Characteristics Test (TKP) is 143 Points. So that referring to this, the minimum cumulative value that must be possessed by participants to pass SKD is 298 points.
The reality that is happening now is that many participants were able to cross the threshold of TIU and TWK but failed in the TKP field. According to BKN records as quoted by AFP, as of November 10, the national graduation rate ranged from 3%. However, this figure is not final and is still volatile considering that at the time of this writing the SKD process in several government agencies is still ongoing. As a shadow of the reader, the formation opened by the government at the reception of CPNS this year is around 238,000 formation and contested by around 2.7 million participants.
Potential Legal Problems
The escalation of the SKD CPNS issue increased when there was a petition initiated by an account named Mizan Banjarnegara at change.org which demanded that a review and revision of the SKD CPNS 2018 threshold be carried out. When I made this paper there were more than 20 thousand accounts that signed the online petition .
Basically everyone has the right to express his opinion and convey expressions of his dissatisfaction, especially to state administrators in any way appropriately and in accordance with applicable law as mandated in the constitution. The petition initiated by the Mizan Banjarnegara account is a natural thing in a democratic country as a form of expression of citizens' disappointment over the SKD CPNS system.
Furthermore, when looking at the substance of the petition, one of the points of his claim is to revise the contents of Permenpan 37/2018, mainly related to the provisions regarding the participants' breakthroughs. It should be stressed that basically the provisions regarding thresholds are determined by formal legal instruments, namely ministerial regulations. Formally ministerial regulations are one type of legislation as stated in Article 8 paragraph (1) of Law Number 12 of 2011 concerning Establishment of Legislation.
The juridical consequences of the enactment of ministerial regulations, in this case Permenpan 37/2018, are that they are generally accepted and become a positive law for the implementation of CPNS recruitment. The reason for setting the threshold into regeling is a manifestation of the Indonesian legal system that is more dominantly directed towards the system of the European civil (civil law) which he thinks is legism that puts written law as the main source of law. This is aimed at the realization of legal certainty in every act of the authorities, including in terms of the implementation of SKD CPNS.
In one of the doctrines of legal positivism, the ruler is not permitted to make rules (including revising) which can be retroactive because it can injure legal certainty and justice to be achieved. This teaching is known as the anti-retroactive principle. Prof. Dr. Wirjono Prodjodikoro S.H. in his book Criminal Law Principles in Indonesia states that this principle has actually been determined for all fields of law and specifically repeated for criminal law contained in Article 1 paragraph (1) of the Criminal Code. In the pid legal regime
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