Legal Analysis Of The Prohibition On Managerial Positions For Government Employees With Employment Agreements Based On Law Number 20 Of 2023 Concerning State Civil Apparatus

Abstract

This study discusses the differences in status and authority between Civil Servants (PNS) and Government Employees with Work Agreements (PPPK) within the national civil service system based on Law Number 20 of 2023 concerning the State Civil Apparatus (ASN). The main focus of the study is the prohibition for PPPK employees to hold managerial positions, which is considered to create inequality in relation to the principles of equality and professionalism within the ASN system. In a state governed by law, every employment policy must be based on the principles of legality, legal certainty, and the merit system; therefore, it is important to conduct a juridical analysis of the foundation and implications of such a policy. This research employs a normative juridical method with a descriptive qualitative approach, analyzing legislation, theories of administrative law, and academic literature. Data were obtained from primary, secondary, and tertiary legal sources. The results show that the prohibition on PPPK employees from occupying managerial positions is grounded in the principles of legality and authority theory, as strategic positions can only be held by permanent officials (PNS) who have legal responsibility and ensure the continuity of public policy. However, this policy creates a gap in the ASN career system. Therefore, legal reforms are needed to be more adaptive by opening opportunities for highly competent PPPK employees to occupy certain positions based on the merit system. The study concludes that improvements in ASN regulations must balance legal certainty, justice, and professionalism to create a more inclusive and performance-oriented national civil service system.