TEOFL Requirements for Civil Servant Candidate Tests Challenged to the Indonesia Constitutional Court

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Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Massachusetts Court Jurisprudence: Wedding Ring Must Be Returned If Marriage is Void", "Amazing, Public Road Transformed Into Garage", you may read also "A Wife in India Asked For a Divorce Because Her Husband Rarely Bathed" and on this occasion we will discuss about 'TEOFL Requirements for Civil Servant Candidate Tests Challenged to the Indonesia Constitutional Court'.

An Indonesian citizen named Hanter Oriko Siregar filed a lawsuit against the Law on Employment and the Law on State Civil Apparatus (ASN) to the Constitutional Court (MK). The lawsuit filed was related to the Test of English as Foreign Language (TOEFL). The lawsuit has been registered with case number: 159/PUU-XXII/2024. In his lawsuit, he asked the Constitutional Court to regulate that there is no longer a TOEFL requirement for Civil Servant Candidate tests or seeking work in private companies in Indonesia.[1]

He argued that the TOEFL requirement had prevented him from taking the CPNS/"Civil Servant Candidate" test at a number of agencies in 2024. He said there were agencies that made TOEFL with a minimum score of 450 an absolute requirement and had to be attached when registering for the CPNS/"Civil Servant Candidate" test. He also admitted that he could not achieve these requirements. He admitted that he had tried taking the test four times and the maximum score he got was 370.[2]

"That the application of conditions by requiring job seekers to master English well is proven by the existence of TOEFL as a mandatory and absolute requirement to be fulfilled as prospective CPNS/"Civil Servant Candidate" participants in each state/government agency as well as to apply for work in private agencies/companies as the Petitioner has mentioned in above is that it has harmed the Petitioner's constitutional rights which have been protected and guaranteed in Article 27 paragraph (1) and Article 28D paragraph (2), Article 28H paragraph (2), and Article 28I (2) of the Constitution of 1945 as the 1945 Constitution is the basis for all sources of law that apply in Indonesia," he said.[3] And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

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References:

1. "Syarat TOEFL Pencari Kerja Digugat ke MK karena Dianggap Bisnis Belaka", news.detik.com., Haris Fadhil, 13 November 2024, Diakses pada tanggal 29 November 2024, Link: https://news.detik.com/berita/d-7635716/syarat-toefl-pencari-kerja-digugat-ke-mk-karena-dianggap-bisnis-belaka

2. Ibid.

3. Ibid.