The Constitutional Court Affirms ToEFL Terms For Work Tests Not Discrimination

Archives. Atmosphere of the trial for the judicial review decision at the Constitutional Court building, Jakarta, Thursday (2/1/2025). BETWEEN PHOTOs/Fauzan/rwa/aa.

JAKARTA - The Constitutional Court emphasized that the condition for the value of the English test as a foreign language (TOEFL) on the work entry test, both government and private agencies, is not a form of discrimination.

The statement was conveyed by Constitutional Justice M. Guntur Hamzah when reading the considerations of Decision Number 159/PUU-XXII/2024, Friday, January 3.

The Constitutional Court also rejected the application submitted by Hanter Oriko Siregar.

"With a special requirement given by an agency, both government and private agencies, in order to get the same opportunity in work and accompanied by reasonable reasons, the effort in question is not a form of discrimination," said Guntur as quoted by ANTARA.

The Constitutional Court also emphasized that the placement of labor is inseparable from certain limits.

In the private sector, the placement of labor is regulated in Article 32 paragraph (1) and paragraph (2) of Law Number 13 of 2003 concerning Manpower, while in the government sector it is regulated in PP Number 11 of 2017 concerning Civil Servant Management.

Therefore, the Court considers that there is no potential for government and private agencies to make arbitrary and discriminatory rules and requirements in the process of filling out labor needs as stated by Hanter.

"Thus, the petitioner's argument is groundless according to the law," said Guntur.

The Court considered that the requirements for foreign language skills in job selection were in accordance with the principles of maturity and minimal experience (minimum degree of maturity and experience), and was a form of constitutional administration.

Article 28C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, continued Guntur, mandates that everyone has the right to develop themselves through fulfilling their basic needs, being entitled to education and benefiting from science and technology as well as arts and culture, in order to improve the quality of life and welfare of mankind.

In this case, Hanter Oriko Siregar questioned the constitutionality of Article 35 paragraph (1) of the Manpower Law and Article 37 of Law Number 20 of 2023 concerning ASN.

Hanter admitted that he could not participate in the selection of prospective civil servants in 2024 at the Supreme Court, Attorney General's Office, and the KPK because the three institutions required a TOEFL score requirement of 450, while he only got a score of 370.

The Constitutional Court stated that it could understand Hanter's concerns. In this regard, according to the Constitutional Court, the government has actually provided competency development programs for job seekers, workers affected by layoffs, as well as workers who need increased competence, either through training programs or providing incentives.

On that basis, the Constitutional Court concluded that the argument for Hanter's application was unwarranted according to the law so that the application in question was declared rejected in its entirety.