Tinjuan Hukum Terhadap Putusan Kasasi Mahkamah Agung Terkait Diskriminasi Penyandang Disabilitas pada Penerimaan CPNS: Studi Kasus Putusan Nomor 471 K/TUN/2021

Abstract

A person with a disability is someone who experiences a condition in which his physical, intellectual, or mental members are impaired or dysfunctional so that he cannot carry out daily activities easily. By law, the government has regulated the protection, respect and fulfillment of the rights of persons with disabilities because they are prone to discrimination by individuals who do not pay attention to equal human rights. Such is the case experienced by Muhammad Baihaqi, a person with a visual disability who was proven to have experienced discrimination in the acceptance of Regional CPNS for Central Java Province in 2019, by the regional selection committee. As stated in the legal considerations of the judges in the Supreme Court cassation decision Number 471 K / TUN / 2021, that the announcement of the SKD results of the 2019 Central Java Province Regional CPNS approved by Pj. The Regional Secretary of Central Java as the Chairperson of the Central Java Provincial CPNS Procurement Team in 2019, namely the decision to have different types of disabilities in the 2019 Civil Servant Candidate recruitment in Central Java. This study aims to analyze the chronology of Muhammad Baihaqi's case from CPNS registration, the emergence of problems and efforts to resolve state administrative disputes, namely administrative efforts to judicial efforts, as well as the legal considerations of judges in the Supreme Court's decision. Using normative legal research methods with a case approach. The result is that there are several points that become the object of the judge's consideration of the decisions of the first level and appellate courts which state that the lawsuit has expired is an erroneous and incorrect opinion in applying the law, then the decision stating that Muhammad Baihaqi did not pass the selection because he did not meet the requirements is a decision that contradicts the Regional Regulation and Governor Regulation of Central Java concerning the implementation and fulfillment of the rights of persons with disabilities in the field of employment, because there is a form of discrimination in the form of a requirement for the type of disability in the 2019 CPNS acceptance of Central Java Province. Therefore, in order to avoid similar cases, it is hoped that in the implementation of the next CPNS acceptance it is important to carry out massive socialization within government employees, especially the CPNS acceptance implementation committee to carry out their duties according to applicable rules, be fair, and convey the results of the assessment objectively to the CPNS applicants.