RECONSTRUCTION OF LOCAL GOVERNMENT AUTHORITY IN GOVERNMENT EMPLOYEE MANAGEMENT WITH EMPLOYMENT AGREEMENTS (PPPK) BASED ON THE MERIT SYSTEM AFTER THE LAW – LAW NUMBER 20 OF 2023 CONCERNING THE STATE CIVIL SERVICE: A STUDY OF STATE ADMINISTRATIVE LAW

Abstract

After the enactment of Law Number 20 of 2023 concerning State Civil Apparatus, there have been fundamental
changes to the authority of local governments in the management of government employees with work agreements,
with a focus on the implementation of the Merit System. This law requires the reconstruction of local government
authority to align personnel management policies with the principles of a more rigorous and transparent merit
system. The purpose of this study is to identify the reconstruction of local government authority in each PPPK
management cycle and to evaluate the implications of these changes on the principles of regional autonomy and
public accountability. This study uses a normative legal research method, with a statute approach and a
conceptual approach. Primary legal materials, namely Law Number 20 of 2023, and secondary legal materials
are analyzed qualitatively to find clarity of norms and consistency of regulations. The Civil Service Law
strengthens the central role of the Central Government in determining the Norms, Standards, Procedures, and
Criteria (NSPK) for PPPK management, which implies centralized supervision to ensure the uniform application
of the Merit System nationwide. This reconstruction of authority shifts local governments from managers with
broad discretion to designated technical operational implementers who must fully comply with the meritocracy
standards set by the central government, including planning, recruitment, talent development, and performance
appraisal. In terms of state administrative law, this reaffirms the principle of legality in regional personnel
management and increases the accountability of local governments to avoid abuse of authority (detournement de
pouvoir) in order to realize professional civil service management that is free from patronage practices.