MEKANISME PENGISIAN JABATAN ASN DARI ANGGOTA PRAJURIT TNI / POLRI DALAM UU ASN NO 20 TAHUN 2023 DITINJAU DARI MASLAHAH MURSALAH

Authors

  • henny sekarwati uin sunan kalijaga yogyakarta

DOI:

https://doi.org/10.30821/taqnin.v7i01.23775

Abstract

The enactment of Law Number 20 of 2023 on the State Civil Apparatus (ASN) provides an opportunity for active TNI/POLRI personnel to occupy certain ASN positions, raising concerns regarding bureaucratic neutrality and the merit-based system in national employment. This study aims to analyze the process of filling ASN positions by TNI/POLRI personnel based on the ASN Law of 2023 and evaluate it from the perspective of Maslahah Mursalah in Islamic law.The research method employed is a normative juridical study with a legislative approach. The analysis is conducted qualitatively and descriptively by examining relevant regulations and the principles of Maslahah Mursalah in Islamic law. The findings indicate that this policy has the potential to weaken the merit system, blur the distinction between military institutions and civil bureaucracy, and create opportunities for conflicts of interest and abuse of power. From the perspective of Maslahah Mursalah, this policy can be classified as a primary benefit (maslahat daruriyyat) if it positively impacts bureaucratic stability and national resilience. However, if it leads to injustice in the ASN promotion system and undermines bureaucratic neutrality, it is more likely to result in harm rather than benefit.Keywords: ASN, TNI/POLRI, merit system, Maslahah Mursalah, bureaucratic neutrality.

Downloads

Published

2025-07-01

Issue

Vol. 7 No. 01 (2025): Januari-Juni 2025

Section

Articles

License

Authors who publish with TAQNIN : Jurnal Syariah dan Hukum agree to the following terms:

  • Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License (CC BY-NC-SA 4.0) that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
  • Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
  • Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).