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Nonpermanent teacher sues government over civil servant status

Sugianto claimed she had been working as a nonpermanent teacher at SMPN 84 Koja since July 2005 under category II of nonpermanent civil servants, or K2.

A. Muh. Ibnu Aqil (The Jakarta Post)
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Jakarta
Thu, October 31, 2019

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Nonpermanent teacher sues government over civil servant status A nonpermanent teacher at a junior high school in North Jakarta Sugianti, holds up a document related to her lawsuit against several government institutions pertaining to the delay of her appointment as a civil servant despite having passed the test in 2014. (Kompas.com/Jimmy Ramadhan Azhari)

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nonpermanent teacher at state junior high school SMPN 84 Koja in North Jakarta has filed a lawsuit against the government for not appointing her as a civil servant despite passing the test back 2014 and winning a previous legal fight for her employment status.

The teacher, Sugianti, 43, filed a lawsuit against several offices, namely the National Civil Service Agency (BKN) Regional V, Jakarta Civil Service Agency (BKD), Jakarta Education Agency, Jakarta governor and the Administrative and Bureaucratic Reform Ministry, at the East Jakarta District Court on Monday.

Sugianto claimed she had been working as a nonpermanent teacher at SMPN 84 Koja since July 2005 under category II of nonpermanent civil servants, or K2. She previously worked as a nonpermanent teacher at SMA 2 high school in Lahat, South Sumatra, before moving to Jakarta with her husband, who was relocated for work.

The case started in 2013 when Sugianti took and passed a test for civil servant (CPNS) status. The test required participants to have at least a year of working experience as a nonpermanent civil servant.

However, her name did not appear on the CPNS list, with the Jakarta Education Agency arguing that despite her previous experience in Lahat, Sugianti had not worked in Jakarta for at least a year.

Sugianti filed a lawsuit at the Jakarta State Administrative Court (PTUN) on Dec. 26, 2016, to challenge the decision. She then went through an appeal and court of cassation. The court ruled in favor of her on March 27, 2018, and ordered the government to instate Sugianti as a civil servant.

The Jakarta Education Agency followed up on the court order by requesting a civil servant ID number (NIP) for Sugianti at the BKN Regional V through the Jakarta BKD, but the BKN rejected the request, arguing that the deadline for her appointment had been Nov. 30, 2014, years before the court ruling.

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