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Naura Tristania
IBLAM School of Law
Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science

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Analisis Yuridis Putusan Mahkamah Agung Nomor 26 P/HUM/2021 atas gugatan Perubahan Status Pegawai KPK Menjadi Aparatur Sipil Negara sebagaimana dalam Peraturan Komisi Nomor 1 Tahun 2021 Naura Tristania; Punta Yoga Astoni
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.183

Abstract

This research analyzes the legal implications of changing the status of KPK employes to State Civil Servants (ASN) based on Perkom No. 1 of 2021, as a follow-up to the revision of the KPK Law thru the determination of TWK as the basic foundation for determining the status of KPK employes, especially in relation to Supreme Court Decision No. 26 P/HUM/2021. This research examines the potential impact of these changes on the rights of KPK employes that are violated due to the TWK, in ensuring workers' rights as stipulated in the 1945 Constitution and Law No. 39 of 1999 concerning Human Rights, in the harmonization of regulations to achieve the principles of benefit and justice in a rule of law state. This research uses a normative juridical research method to analyze the case under discussion. This study found that the change in KPK employe status to civil servants constituted a human rights violation, particularly because the TWK was used as the basis for deciding the previous employment status of KPK members. This research aims to analyze how the harmonization of regulations and the hierarchy of legislation can achieve justice and benefit in a state of law, specifically regarding Supreme Court Decision No. 26 P/HUM/2021, in relation to the individual rights of workers and citizens.
Co-Authors Punta Yoga Astoni