Can Former Foreign Citizens Become Civil Servants in Indonesia?

PERTANYAAN

Can a foreigner become a civil servant in Indonesia if he/she is already an Indonesian Citizen?

INTISARI JAWABAN

In essence, a Civil Servant (Pegawai Negeri Sipil/ "PNS") is an Indonesian Citizen who meets certain requirements, appointed as a permanent ASN employee by the civil servant supervising official to occupy a government position.

So, can former Foreign Citizens or foreigners (Warga Negara Asing/ “WNA”) become civil servants in Indonesia? What are the requirements to become a civil servant?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Bisakah Eks WNA Menjadi PNS di Indonesia?, written by Dian Dwi Jayanti, S.H., and was published on Tuesday, 16 May 2023.

This article below is the second update of the article entitled Chance of Former Foreign Citizens to Become Civil Servants in Indonesia, written by Tri Jata Ayu Pramesti, S.H., and was first published on Monday, 1 July 2013, and first updated by Tri Jata Ayu Pramesti, S.H., on Friday, 17 February 2017.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Definition of ASN, ASN Employee, and PNS

Before answering your questions, we should first know the definitions and differences between the State Civil Apparatus (Aparatur Sipil Negara/ "ASN"), ASN Employees (Pegawai ASN), and Civil Servants (Pegawai Negeri Sipil/ "PNS").

According to Article 1 number 1 Law 5/2014, ASN a.k.a. State Civil Apparatus is a profession for civil servants and government employees with work agreements who work in government agencies. Meanwhile, according to Article 1 number 2 Law 5/2014, ASN Employees are civil servants and government employees with work agreements who are appointed by civil service officials and assigned duties in a government position or assigned other state duties and paid based on statutory regulations. Then, Civil Servants are Indonesian Citizens who meet certain requirements, appointed as permanent ASN Employees by civil service officials to occupy government positions, as stipulated in Article 1 number 3 Law 5/2014.

Then, Article 61 Law 5/2014 regulates that every Indonesian Citizen (Warga Negara Indonesia/ "WNI") has the same opportunity to apply to become a civil servant after fulfilling the requirements. In relation to your question, from the wording of the article, it is clear that one of the absolute requirements to become a civil servant is to be an Indonesian Citizen.

Requirements to Become a Civil Servant

Based on your question, if the former Foreign Citizen (Warga Negara Asing/ “WNA”) has become an Indonesian Citizen, then we assume that the former foreigner has obtained Indonesian Citizenship through naturalization, which is the acquisition of citizenship for foreign residents after fulfilling the requirements as stipulated in the laws and regulations.[1] In Indonesia, the process of naturalization is regulated in Law 12/2006.

So, if a former foreigner has obtained Indonesian Citizenship, what are the requirements that must be fulfilled to become a civil servant? You can read the requirements to become a civil servant in the article entitled Can Foreigners Become Civil Servants in Indonesia?

As a piece of information, an important thing that must also be considered is that former foreigners who become civil servants and are appointed as ASN Employees are required to:[2]

1. be loyal and obedient to Pancasila, the 1945 Constitution of the Republic of Indonesia, the Unitary State of the Republic of Indonesia, and the legitimate government;
2. maintain national unity and integrity;
3. implement policies formulated by authorized government officials;
4. obey the provisions of laws and regulations;
5. carry out official duties with full devotion, honesty, awareness, and responsibility;
6. show integrity and exemplary in attitude, behavior, speech, and action to everyone, both inside and outside the officialdom;
7. keep the confidentiality of the position and can only disclose the confidentiality of the position in accordance with the provisions of laws and regulations; and
8. willing to be placed throughout the territory of the Republic of Indonesia.

It should also be noted that before being appointed as a civil servant, prospective civil servants who are appointed as civil servants must fulfill the following requirements:[3]

1. have passed education and training; and
2. physically and mentally healthy.

If the prospective civil servant has fulfilled these requirements, he/she can be appointed as a civil servant by the Personnel Supervisory Officer (Pejabat Pembina Kepegawaian/ "PPK") into a position and rank in accordance with the provisions of laws and regulations.[4] The PPK in question is an official who has the authority to determine the appointment, transfer, and dismissal of ASN Employees and the guidance of ASN management in government agencies in accordance with statutory provisions.[5]

In conclusion, basically, if a foreigner has become an Indonesian Citizen and fulfills all the requirements to become a Civil Servant stipulated in the Law 5/2014 and Government Regulation 11/2017 and its amendments, then the former foreigner can apply as a candidate for a Civil Servant.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 12 of 2006 on the Citizenship of the Republic of Indonesia;
2. Law Number 5 of 2014 on State Civil Apparatus;
3. Regulation of the Government Number 11 of 2017 on the Management of Civil Servants as amended by Regulation of the Government Number 17 of 2020 on the Amendment to Regulation of the Government Number 11 of 2017 on the Management of Civil Servants.

Reference:

Amey Yunita Luntungan. Naturalisasi Warga Negara Asing Menjadi Warga Negara Indonesia Menurut Undang-Undang Nomor 12 Tahun 2006 tentang Kewarganegaraan. Lex et Societatis, Vol. 1, No. 5, 2013.

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[1] Amey Yunita Luntungan. Naturalisasi Warga Negara Asing Menjadi Warga Negara Indonesia Menurut Undang-Undang Nomor 12 Tahun 2006 tentang Kewarganegaraan. Lex et Societatis, Vol. 1, No. 5, 2013, p. 41.

[2] Article 23 Law Number 5 of 2014 on State Civil Apparatus.

[3] Article 36 section (1) Regulation of the Government Number 11 of 2017 on the Management of Civil Servants (“Government Regulation 11/2017”).

[4] Article 36 section (2) Government Regulation 11/2017.

[5] Article 1 number 17 Government Regulation 11/2017.