Constitutional Court: Retirement Rights Of State Civil Servant/ Army/ National Police Still Paid In Full

ILLUSTRATION/DOCKS OF THE Constitutional Court

JAKARTA - The Constitutional Court (MK) granted the petitioners' petition and guaranteed State Civil Servant/ Army/ National Police to receive their pension rights in full and in full.

The Constitutional Court canceled the transfer of the management of the pension rights of State Civil Servant from PT TASPEN to BPJS Employment and the management of the pension rights of members of the Army/ National Police from PT ASABRI to BPJS Employment as stipulated in Article 57 letter f and Article 65 paragraph (2) of Law Number 24 the Year 2011 regarding BPJS.

The Constitutional Court considers that the two articles will cause constitutional losses in the future if the "Annual Savings Program and Pension Payment Program" is transferred to BPJS Ketenagakerjaan no later than 2029.

The Petitioners consisting of retired high-ranking state officials, including former Chief Justice of the Supreme Court, Moh. Saleh, and several other retired civil servants, authorized Andi M. Asrun to fight for their interests in the Constitutional Court.

"Today's decision by the Constitutional Court is very encouraging for State Civil Servant/ Army/ National Police members, because their future pensions are fully guaranteed, which will be paid by PT TASPEN when they retire", said the Petitioner's attorney, Andi Asrun, quoted by Antara, Thursday, September 30.

The Constitutional Court stated that the applicants were indeed disadvantaged by the provisions of Article 57 letter (f) and Article 65 paragraph (2) of Law 24/2011 because the provisions of the quo articles demanded that TASPEN no longer hold the "Annual Savings and Pension Payment Program" no later than - no later than 2029.

"Stating Article 57 letter f and Article 65 paragraph (2) of Law Number 24 of 2011 concerning the Social Security Administering Body (State Gazette of the Republic of Indonesia of 2011 Number 116, Supplement to the State Gazette of the Republic of Indonesia Number 5256) is contrary to the State Constitution Republic of Indonesia in 1945 and has no binding legal force", said the Chief Justice of the Constitutional Court, Anwar Usman.

The two articles have created uncertainty for the Petitioners regarding the implementation of their constitutional rights to obtain “social security” as regulated in Article 28H paragraph (3) and Article 34 paragraph (2) of the 1945 Constitution.

Therefore, the Constitutional Court granted all the petitions of the Petitioners and stated that the two articles were contrary to the 1945 Constitution and did not have binding legal force.