Qindi Larasati Sutopo
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Urgensi Penguatan Fungsi Pengawasan DPR terhadap Badan Kepegawaian Negara Pasca Pembubaran Komisi Aparatur Sipil Negara Qindi Larasati Sutopo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The dissolution of the State Civil Apparatus Commission (KASN) through Law Number 20 of 2023 concerning State Civil Apparatus has transferred the oversight functions of the merit system and ASN neutrality to the National Civil Service Agency (BKN) and the Ministry of Administrative and Bureaucratic Reform. This study aims to analyze the urgency of strengthening the oversight function of the House of Representatives (DPR) over BKN following the dissolution of KASN, particularly in the context of the Constitutional Court Decision Number 121/PUU-XXII/2024 which mandates the establishment of an independent supervisory body within two years. Using a normative juridical (doctrinal) legal research method with a statutory approach, a conceptual approach, and a case approach, this study finds that the transfer of KASN's functions to BKN has created a structural conflict of interest, as BKN simultaneously serves as both the executor and supervisor of civil service management. The DPR, through its Komisi II, possesses constitutional authority to exercise political oversight through interpellation rights, inquiry rights, and working meetings, yet the effectiveness of such oversight is constrained by the oversized coalition dynamics. This study recommends strengthening the DPR's oversight role through structured monitoring mechanisms, activating parliamentary inquiry instruments, and accelerating the formation of an independent supervisory institution as mandated by the Constitutional Court.Keywords: Keywords consist of a minimum of 3 and a maximum of 5 words.