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American Journal of  
Society and Law (AJSL) 

Implementation of  Independent Study Tasks for Civil Servants (PNS) within the South 
Sumatra Provincial Government Based on Governor Regulation Number 19 of  2023 

Hanny Syafitri1*, Sri Suatmiati1, Erli Salia1

Volume 4 Issue 1, Year 2025
ISSN: 2835-3277 (Online)

DOI: https://doi.org/10.54536/ajsl.v4i1.4537
https://journals.e-palli.com/home/index.php/ajsl

Article Information ABSTRACT

Received: February 20, 2025
Accepted: March 26, 2025
Published: April 25, 2025

This study aims to analyze the implementation of  independent study assignments for Civil 
Servants (PNS) in the South Sumatra Provincial Government under Governor Regulation 
Number 19 of  2023. The main focus of  this research is to explore the mechanisms and 
obstacles faced by civil servants in carrying out independent study assignments, as well as 
evaluating related policies. Independent study assignments are intended for civil servants 
who want to continue formal education at their own expense and are carried out outside 
of  official working hours. Although this policy aims to improve the competence of  civil 
servants, several obstacles arise, such as the minimum age limit for applying for education 
which is considered unfair for young civil servants who are eager to continue their 
education, the lack of  socialization about the application procedure, and geographical 
factors that hinder access to education. This research uses qualitative methods with 
interviews and documentation studies to collect relevant data. The results show that 
this policy has the potential to hinder the development of  civil servants competencies, 
especially for those who are younger and highly motivated. Therefore, it is recommended 
to evaluate and revise this policy to provide more equitable opportunities for all civil 
servants to improve their competencies.

Keywords

Civil Servants, Government, 
Learning Tasks, Regulation, South 
Sumatra

1 University of  Muhammadiyah Palembang, South Sumatera, Indonesia
* Corresponding author’s e-mail: hannyfasilitasi@gmail.com

INTRODUCTION
Management of  Civil Servants (PNS) includes various 
aspects such as needs, procurement, rank, position, 
career development, promotion, transfer, performance 
appraisal, payroll, allowances, awards, discipline, 
dismissal, and pension and old age security, (Government 
Regulation No.11, 2017). Law No. 20 of  2023 underlines 
the need for the State Civil Apparatus (ASN) to have 
a digital mindset in facing technological challenges, 
bureaucratic transformation, and the demands of  
public services. Article 4 letter h of  PP No. 94 of  2021 
regulates the obligation of  civil servants to provide 
competency development opportunities to subordinates, 
including attending meetings, seminars, training, and 
further education. Formal competency development 
is regulated in Menpan-RB Circular Letter No. 28 of  
2021, which includes provisions on civil servants’ study 
assignments, from requirements, funding, to monitoring 
and evaluation. Menpan-RB Circular No. 28 of  2021 
regulates the development of  civil servants through study 
assignments to increase competency-based capacity. Study 
assignments can be in the form of  study assignments 
without leaving duty, study assignments at their own 
expense, or study assignments at government expense 
that require civil servants to leave their official duties. The 
purpose of  providing learning assignments is to reduce 
the competency gap of  civil servants so that they can fill 
positions better. This increase in competence is expected 
to increase the professionalism of  ASN, as measured by 
the ASN Professionalism Index, which reflects the level 
of  professionalism of  ASN nationally, in central and 

regional agencies, and position groups (ASN, 2022).
The acting head of  BKN, Bima Haria Wibisana, stated 
that the performance of  human resources in the 
Indonesian government is still low, with many ASNs 
considered to have poor performance (deadwood). To 
improve this, training and education, both formal and 
informal, are needed. Civil servants have a strategic role 
in achieving national goals, which include protecting the 
nation, advancing welfare, and educating the nation’s life 
(Karunia, 2022). Therefore, civil servants must improve 
their abilities according to their competencies, while 
organizations also need to encourage the improvement 
of  employee performance to develop their professional 
abilities. As stated in the Preamble of  the 1945 
Constitution, the national goals include protecting the 
Indonesian nation, promoting public welfare, educating its 
citizens, and establishing a world order based on freedom 
and social justice (Arifin et al., 2024). Civil servants play 
a strategic role in achieving these goals and are required 
to improve their abilities through formal education, while 
organizations must also encourage increased employee
performance. Developing the quality of  civil servants is 
very important to achieve maximum results in government, 
especially to face the challenges of  globalization. One of  
the efforts to improve quality is through education, which 
according to Law Number 20 of  2003, aims to develop 
the potential of  students in various aspects, including 
intelligence and skills, which also applies to civil servants 
to improve their performance (Tarigan, 2024).
Based on data on civil servants in the South Sumatra 
Provincial Government, competency development 



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through independent education is very important, 
considering that there are still many civil servants who 
only have high school and diploma education. This 
development can be carried out through independent 
formal education in accordance with applicable 
regulations, to improve the quality of  civil servants in 
facing increasingly complex bureaucratic challenges in 

the era of  globalization and digitalization. The quality 
of  human resources is needed for regional progress, 
especially among state officials who have an important 
role in the government system. The government 
encourages study assignment policies for civil servants to 
improve their quality, which in turn will result in better 
services for the community.

Figure 1: Number of  civil servants detailed by general education and gender within the government South Sumatra 
Province State: October 2024.
Source: (BKD; SumSel, 2024)

The quality of  Human Resources (HR) is very important 
for the progress of  a region, especially in the government 
system. Competent State Apparatus are needed to carry 
out their duties as servants of  society and the state. The 
local government system will run well if  the apparatus has 
adequate capabilities. Therefore, Civil Servants (PNS) must 
be responsible for the tasks they carry out, encouraging 
the government to implement a study assignment policy 
to improve the quality of  civil servants and maximum 
service to the community (Implementation of  the Policy 

on Granting Study Assignments to Civil Servants within 
the Sabang City Government, 2023) .Based on this, the 
South Sumatra Provincial Government issued South 
Sumatra Governor Regulation Number 19 of  2023 
concerning Guidelines for granting study assignments for 
civil servants through formal education channels which 
came into effect from the date of  enactment, namely 
November 2, 2023 (Regulation; Governor of  South 
Sumatra Number 19, 2023).

Figure 2: Data on civil servants who proposed approved and rejected independent study assignments in 2023
Source: (BKD; SumSel, 2024).



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Figure 3: Data on civil servants who proposed approved and rejected independent study assignments in 2024
Source: (BKD; SumSel, 2024)

Based on the data, in 2023 in figure 1, the majority of  
independent study assignment proposals were accepted, 
namely 381 proposals, while only 8 were rejected due to 
study program accreditation issues. However, in 2024, 
the number of  rejected proposals increased significantly 
to 89, mostly due to ineligible age limit issues. This 
change in the trend of  constraints indicates the need to 
evaluate the policies and mechanisms for applying for 
study assignments, including the socialization of  clear 
requirements to prospective participants. This research 
will examine two main issues, namely: first, how is the 
implementation of  independent study assignments 
for civil servants in the South Sumatra Provincial 
Government based on South Sumatra Governor 
Regulation Number 19 of  2023 concerning Guidelines 
for Providing Study Assignments for Civil Servants 
Through Formal Education Pathways; and second, what 
are the obstacles or obstacles in the implementation of  the 
regulation. This study aims to analyze the implementation 
of  independent study assignments for civil servants in the 
South Sumatra Provincial Government based on South 
Sumatra Governor Regulation Number 19 of  2023 and 
explain the obstacles in its implementation, especially 
related to age requirements for civil servants who apply 
for independent study assignments. This research will 
clarify the implementation of  the regulation and identify 
the obstacles faced in its implementation.

MATERIALS AND METHODS
In this research, the author conducts a direct study in the 
field in order to obtain concrete and relevant data on the 
Implementation of  South Sumatra Governor Regulation 
Number 19 of  2023 and the impact of  age restrictions 
on civil servants on independent study assignments in 
accordance with these regulations with the following 
methods:

Data Type and Source
The data sources used in this research are secondary data 
in the form of  primary legal materials, secondary legal 

materials and tertiary legal materials, namely:

Primary Legal Materials
Primary legal materials are legal materials that are 
authoritative, meaning they have authority. Primary legal 
materials consist of  laws and regulations that are sorted 
based on hierarchy such as laws and regulations related 
to this research, namely Presidential Regulation Number 
12 of  61 concerning Civil Servant Study Assignments, 
Circular Letter of  the Minister of  Administrative 
Reform and Bureaucratic Reform of  the Republic of  
Indonesia Number 28 of  2021 concerning Competency 
Development for Civil Servants through the Education 
Path, and South Sumatra Governor Regulation Number 
19 of  2023 concerning Guidelines for Providing Learning 
Assignments for Civil Servants through the Formal 
Education Path.

Secondary Legal Materials
Secondary legal materials are legal materials consisting of  
textbooks written by influential jurists, legal journals, legal 
cases, jurisprudence, and the results of  recent symposia 
related to the research topic In this research, secondary 
legal materials used are in the form of  relevant reference 
books, the results of  scientific papers, and various related 
papers.

Tertiary Legal Materials
Tertiary legal materials are legal materials that provide 
instructions or explanations for primary legal materials 
and secondary legal materials in the form of  general 
dictionaries, language dictionaries, newspapers, articles, 
the internet.

Data Collection Technique
Primary data in this study was collected through:

• Interviews, meaning that the author conducts direct 
questions and to respondents on the Policy of  Providing 
Learning Assignments for Civil Servants at the Regional 
Staffing Agency of  the Government of  South Sumatra 



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Province based on indicators in the Policy.
• Documentation, is data in the form of  archives both 

in the form of  books and those related to the Policy on 
Granting Study Assignments for Civil Servants at the 
Regional Staffing Agency of  the South Sumatra Provincial 
Government.

Secondary data was collected through:
• From the literature and documentation. The literature 

in question is books related to the issue of  Study 
Assignment Policy for Civil Servants in the Government 
of  South Sumatra Province.

Data Analysis Technique
All theoretical data in the form of  principles, conceptions 
and opinions of  legal experts, including legal rules and 
norms, will be analyzed normatively juridically by using 
descriptive and perspective descriptions, which start from 
normative qualitative analysis and empirical juridical.

RESULTS AND DISCUSSION
Independent study assignments are a competency 
development mechanism for civil servants carried out 
without using government budgets and outside official 
working hours. South Sumatra Governor Regulation 
No. 19 of  2023 is used as a guideline for civil servants 
who wish to continue their education through 
formal channels, either funded by the government or 
independently. However, this policy does not distinguish 
the requirements between independent study assignments 
and study assignments funded by the government or 
sponsors, so that civil servants who want to continue 
their studies at their own expense are still limited by the 
minimum age requirement of  35 (thirty-five) years for 
Strata 1 (S1), at least 40 (forty) years for Strata 2 (S2), and 
at least 45 (forty-five) years for Strata 3 (S3).
Based on interviews with BKD officials in South Sumatra 
Province, this policy was made to maintain a balance 
between human resource development and organizational 
needs. However, for civil servants who pay for their own 
education, this age limit is considered unfair because 
they do not rely on the government budget. The flow 
of  proposals for independent study assignments for civil 
servants in the South Sumatra Provincial Government 
is that civil servants submit a personal application first 
to the Head of  the Regional Apparatus where they are 

assigned, by completing the documents contained in 
the South Sumatra Regional Personnel Agency (BKD) 
e-service application as shown in figures 4 and 5, namely 
the Decree (SK) of  the last rank / legalized photocopy, 
photocopy of  Employee Performance Objectives (SKP) 
for the last 1 (one) year, photocopy of  accreditation letter 
B for the study program, college certificate from the 
college institution concerned, lecture schedule (does not 
interfere with official working hours as a civil servant), list 
of  work descriptions, and a statement letter containing 
independent tuition at personal expense, not demanding 
promotion and position, and not demanding educational 
adjustment. Civil servants submit a personal application 
letter to the Head of  the Regional Apparatus where they 
are assigned along with attaching physical documents 
submitted to the General and Personnel sections of  the 
Regional Apparatus, after which the e-service operator at 
the regional apparatus will upload all the physical files in 
the form of  PDF files, which will then enter the South 
Sumatra Province BKD Secretariat. Here it will be filtered 
first by the South Sumatra Regional Personnel Agency 
e-service Operator at the South Sumatra Provincial 
BKD Secretariat, if  all the files are complete, South 
Sumatra Regional Personnel Agency e-service Operator 
at South Sumatra Regional Personnel Agency Secretariat 
will forward South Sumatra Regional Personnel Agency 
(BKD) e-service account to the Head of  the Civil Service 
Information, Performance and Facilitation of  the ASN 
Profession, which will then be forwarded to the Head of  
the Sub-Division of  Administration and Facilitation of  
the ASN Profession to be executed and a Decree (SK) 
issued granting permission to carry out independent 
study assignments for these civil servants. The decree 
since September 2024 has used an electronic signature.
In the appendix of  the Regulation of  the Governor of  
South Sumatra Number 41 of  2009 concerning Delegation 
of  Partial Authority or Granting Power of  Attorney to On 
Behalf  of  the Governor of  South Sumatra to Sign Letters 
and Decisions in the Field of  Personnel within the South 
Sumatra Provincial Government, it is written that those 
who have the authority to sign the Decree on Granting 
Independent Study Assignments for Civil Servants, which 
before the Circular of  the Minister of  Administrative 
Reform and Bureaucratic Reform Number 28 of  2021 
was issued, was referred to as a study permit, attached in 
table 1 (Government of  South Sumatra Province, 2019).

Table 1: Delegation of  Study Permit Authority in accordance with South Sumatra Governor Regulation No. 41/2009
No. Mutation Type Space Class Authorized official Description
20. Study Permit IV/b and above Regional Secretary of  South Sumatra 

Province
Study Permit

IV/a and below Head of  BKD South Sumatra 
Province



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Figure 4: South Sumatra Regional Personnel Agency e-service application

Figure 5: South Sumatra Regional Personnel Agency e-service application independent study assignment requirements

In connection with the absence of  a new Regional Head 
Regulation related to delegation of  authority, the South 
Sumatra Governor Regulation Number 41 of  2009 
remains in effect and is guided.

A. Implementation of  Independent Study Tasks for 
Civil Servants Based on South Sumatra Governor 
Regulation Number 19 of  2023
South Sumatra Governor Regulation Number 19 of  2023 
regulates the requirements, mechanisms, and rights and 
obligations of  civil servants who wish to continue formal 
education through an independent study assignment 
scheme. Article 6 of  this Governor Regulation states that:
(1) Learning assignments can be given for:

a. Government Bidding; or
b. Application from civil servants.

(2) Study Assignments as referred to in paragraph (1) are 
determined and given through BKD.
Article 7 of  this Governor Regulation states the 

requirements in granting study assignments either with 
Government Offers financed by the Government or 
from the Application of  civil servants referred to as 
Independent Study Assignments at their own expense, 
the absolute requirements include:
a. Have a minimum service period of  1 (one) year since 
being appointed as a civil servant;
b. The lowest age limit for applying for a study assignment 
is :

1. 40 (forty) years for postgraduate level; and
2. 45 (forty-five) years for doctoral level.

c. Have a performance appraisal in the last 2 (two) years 
at the lowest with a good predicate.
d. Physically and mentally healthy.
e. Not under any of  the following conditions:

1. in the examination of  disciplinary offenses and/or 
criminal offenses;

2. serving imprisonment or confinement and/or 
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3. undergoing leave outside the state’s responsibility 
and/or undergoing temporary dismissal as a civil servant.
f. Never in the following conditions:

1. sentenced to disciplinary punishment of  at least 
moderate level within the last 1 (one) year;

2. Sentenced to imprisonment or confinement based 
on a court decision with permanent legal force within the 
last 1 (one) year; or

3. Cancelled or dismissed from his/her learning duties 
in accordance with statutory provisions within the last 2 
(two) years.
g. Fulfill other requirements and pass the selection carried 
out by the originating agency, the donor, and/or the 
university.
h. Sign agreements related to the granting of  Learning 
Assignments.
Article 9 of  this Governor Regulation states that the 
procedure for granting study assignments is carried out 
with the following provisions:
a. Civil servants submit an application to take part in the 
selection of  the Learning Task program to the Head of  
the Regional Apparatus where they are assigned;
b. The Head of  the Regional Apparatus in charge of  
forwarding the application to the Governor through the 
head of  BKD by attaching:

1. Cover letter from the head of  the Regional Apparatus;
2. A letter of  request from the person concerned;
3. Legalized copy of  civil servant decree;
4. Legalized copy of  the last rank decree;
5. A photocopy of  the diploma that has been listed in 

the last promotion decision and legalized transcripts of  
grades;

6. Legalized copy of  the last position decree;
7. Photocopy of  work performance assessment for the 

last 2 (two) years that has been legalized;
8. Education offer letters or brochures from universities, 

if  the education followed is at the request of  the civil 
servant concerned; and

9. A statement letter willing to bear all educational costs 
for Learning Assignments of  their own accord.
c. The Head of  BKD conducts administrative selection 
of  submitted applications in accordance with the 
requirements that must be met and the available budget.
d. If  the application is submitted:

1. Meets the requirements, the Head of  BKD forwards 
the application to the Governor; or Does not meet the 
requirements,

2. The Head of  BKD returns the submitted application 
to the head of  the regional apparatus along with 
explanations/comments.

e. If  the Governor:
2. Approve, the Regional Secretary follows up 

on the approval by issuing a Letter of  Permission / 
recommendation to Participate in the Selection of  Study 
Assignments; or

3. Disapproving, the Regional Secretary forwards to 
the Head of  BKD to be conveyed to the Head of  the 
Regional Apparatus.

Article 16 of  this Governor Regulation states that the 
rights of  civil servants on study assignments are

(1) Civil servants who carry out Learning Tasks are 
dismissed from Structural positions (Supervisors / 
Administrators / JPT), are entitled to basic salary, wife / 
husband / child allowances, rice allowances and position 
allowances for the first 6 (six) months.

(2) Civil servants who carry out Learning Tasks who 
are not dismissed from their positions are entitled to 
basic salary, spouse / husband / child allowances, rice 
allowances and additional employee income.

(3) Civil servants who have completed their study 
assignments can propose educational upgrades in 
accordance with the provisions of  the legislation.

(4) Civil servants who propose an increase in education 
as referred to in paragraph (3) are not entitled to demand 
a higher promotion unless there is a formation.

In this article 16, civil servants on independent study 
assignments in accordance with paragraph (2) that they 
are not dismissed from their positions, so they are entitled 
to basic salary, wife / husband / child allowances, rice 
allowances and additional employee income, but the 
implementation of  lectures is carried out outside official 
working hours as civil servants.
Article 17 of  this Governor Regulation regulates the 
Obligations of  Civil Servants for Study Assignments, 
where this obligation applies to all civil servants who 
carry out Study Assignments both with Government 
Offers and Private Requests. The obligations of  civil 
servants on Learning Duty are as follows
(1) Civil servants must sign a Learning Task agreement 
before carrying out Learning Tasks.
(2) The Learning Task Agreement as referred to in 
paragraph (1) contains at least :

a. Subject of  the agreement;
b. Agreement of  the parties; and
c. The agreed objects include the name of  the University, 

the Study Program and the accreditation of  the Study 
program, the period (period) of  the Learning Task, the 
rights and obligations of  the parties, the consequences 
or violation of  obligations, force majeure, and dispute 
resolution.
(3) Civil Servants on Learning Assignments are required 
to report their educational progress at the end of  each 
semester to the Head of  BKD.
(4) Civil servants who have completed their study 
assignments must report to PPK no later than 15 (fifteen) 
working days from the end of  the study assignment 
period.
(5) Civil servants who have completed their Study 
Assignments, are required to carry out service bonds for:

a. 2 (two) times the period of  implementation of  the 
Learning Task, for civil servants undergoing Learning 
Tasks who are dismissed from their positions;

b. 1 (one) time implementation of  Learning Assignment, 
for civil servants undergoing Learning Assignment who 
are not dismissed from their positions;

c. 1 (one) time the implementation period of  the 



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Learning Task, for civil servants who are on independent 
cost Learning Task who are dismissed from their 
positions.
(6) Civil servants who are on independent study 
assignments who are not dismissed from their positions 
are not required to undergo service bonds.
(7) While undergoing Service Bonds, civil servants are 
not allowed to submit resignations as civil servants.
(8) The Service Bond as referred to in paragraph (5) can 
be carried out in other Government agencies as long as 
it meets the requirements regulated by the PPK after 
obtaining the Minister’s approval.
(9) The obligation to carry out the Service Bond as 
referred to in paragraph (5) ends when:

a. The period of  service bond has been fulfilled;
b. Reaching retirement age; or
c. Dismissed as a civil servant in accordance with the 

provisions of  the Laws and Regulations.
(10) Civil servants who have completed their continuous 
Study Assignments are required to undergo a Service 
Bond as referred to in paragraph (5) cumulatively.
(11) Civil servants who do not fulfill the obligation to 
carry out the Service Bond as referred to in paragraph (5), 
are obliged to return the costs incurred by the Regional 
Government during the Study Assignment period to the 
regional treasury in accordance with the provisions of  
laws and regulations.
(12) The format of  the agreement as referred to in 
paragraph (2) is listed in the Appendix which is an 
inseparable part of  this Governor Regulation.
Article 18 of  this Governor Regulation states that study 
assignment financing includes:
(1) Funding for Learning Assignments can be sourced 
from:

a. Regional income and expenditure budget;
b. Self-funding; and/or
c. Other legal and non-binding sources in accordance 

with the provisions of  the Laws and Regulations.
(2) The Provincial Government can provide cost 
assistance for components that are not funded for Civil 
Servants on Study Assignments that are funded by cost 
sharing according to the agreement.
Based on the results of  interviews with the Head of  
Personnel Information, Performance, and Facilitation 
of  Professional Institutions of  BKD South Sumatra 
Province, the implementation of  independent study 
assignments has the following provisions:
1. Civil servants must fulfill administrative requirements, 
such as a minimum service period of  1 year as a civil 
servant and get recommendations from direct superiors.
2. The study program taken must be relevant to the 
needs of  the organization and in accordance with BKD 
recommendations.
3. Civil servants must still obtain permission from the 
Personnel Supervisory Officer (PPK), even though the 
education costs are borne by themselves.
4. The age limit is at least 35 years old for S1, at least 
40 years old for S2, and at least 45 years old for S3, 

this applies to all forms of  learning tasks, including 
independent learning tasks.

B. Constraints in the Implementation of  Independent 
Study Tasks Regulatory Constraints
In an interview with the Apparatus Resources Analyst at 
the BKD of  South Sumatra Province, it was explained 
that one of  the main obstacles is the lack of  clarity in 
the difference in rules between independent study 
assignments and government-funded study assignments.
One of  the civil servants interviewed, Mr. A, a civil 
servant at the South Sumatra Bina Marga Public Works 
Office whose proposed study assignment in 2024 was 
rejected by the system, said: “I am currently doing my 
master’s degree at a private university in Palembang, but 
the study program I am taking has a B accreditation, but 
my proposal was rejected with n the note that my age has 
not reached 40 years. I feel this policy is unfair to civil 
servants who want to improve their competence at their 
own expense”.
Civil servants from the South Sumatra Provincial Health 
Office who also expressed their disappointment regarding 
the age-limiting Governor’s Regulation said: “I wanted 
to take an independent study assignment to continue 
my undergraduate studies in nursing. However, because 
I am only 29 years old, my application was rejected. In 
fact, I did not use government funds and continued to 
carry out work obligations outside of  class hours. I feel 
this policy is unfair to civil servants who want to improve 
their competence at their own expense.”
In addition, based on the results of  interviews with civil 
servants who apply for independent study assignments, 
there are several major obstacles in the implementation 
of  this regulation:

Restriction
Many civil servants under 40 and 45 years old feel 
disadvantaged because while they have the motivation and 
academic capacity, they are hampered by this provision.
2. From the interviews, it was found that 4 out of  10 
civil servants who applied for learning assignments were 
rejected due to age.

Lack of  Policy Socialization
There are still many civil servants who do not understand 
the procedures and requirements for independent study 
assignments due to the lack of  socialization from BKD. 
From the results of  the interviews, some civil servants 
stated that they only found out about this regulation 
after getting information from their staff  through the 
BKD service account at the regional apparatus that the 
proposal concerned was rejected.

Transparency in the Approval Process
The civil servants interviewed revealed that the rejection 
was only obtained after they first asked the staff  at the 
regional apparatus, or when they directly asked the BKD 
of  South Sumatra Province.



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C. Comparative Analysis of  South Sumatra Governor 
Regulation No. 19 of  2023 with Menpan RB Circular 
Letter No. 28 of  2021
Differences in Age Limit Provisions
South Sumatra Governor Regulation Number 19 of  2023 
stipulates that independent study assignments for civil 
servants can only be submitted if  the employee is at least 
35 years old for S1 level, at least 40 years old for S2 level, 
and at least 45 years old for S3. This provision is very strict 
and limits the opportunity for young ASNs to improve 
their competence through formal education. Meanwhile, 
Menpan-RB Circular Letter No. 28 of  2021 does not 
apply a rigid age limit, but uses a flexible approach, which 
considers twice the normative time of  the study program 
before the retirement age limit. In other words, civil 
servants who wish to take up study assignments still have 
the opportunity as long as their study period does not 
exceed the remaining working period that allows them to 
return to service after completing their education.

Differences in Funding and Types of  Study 
Assignments
South Sumatra Governor Regulation Number 19 of  2023 
does not clearly distinguish between government- funded 
study assignments and independent study assignments. 
This means that civil servants who want to pursue 
education at their own expense still have to meet strict 
requirements, including age limits and procedures. This 
can be an obstacle for employees who want to develop 
their competence without a burdening the government 
budget. On the other hand, Circular Letter of  the Minister 
of  Administrative Reform and RB Number 28 of  2021 
provides more inclusive guidance by distinguishing 
between government-funded and self- funded study 
assignments. Thus, ASNs who self-fund their education 
are still given the space to continue their studies without 
having to be bound by overly restrictive rules.

Impact on ASN Competency Development
The policy in South Sumatra Governor Regulation No. 
19 of  2023 has the potential to hinder the development 
of  ASN competencies, especially for those who are 
at a productive age and want to continue their studies 
to improve their work capacity. The minimum age 
restriction of  35 years for S1 education level, minimum 
40 years for S2 education level, and minimum 45 years for 
S3 education level deprives younger civil servants of  the 
opportunity to develop themselves early, even though in 
many cases, they still have the energy and time to pursue 
education while still carrying out their duties. Meanwhile, 
Circular Letter of  the Minister of  Administrative Reform 
and RB Number 28 of  2021 adapts the policy more to 
the needs of  ASN and organizations, so that competency 
development can be carried out more dynamically and is 
not hampered by overly strict regulations.

Alignment with National Regulations
South Sumatra Governor Regulation Number 19 of  

2023 shows a significant difference with the national 
policy stipulated in the Circular Letter of  the Minister 
of  Administrative Reform and RB Number 28 of  2021. 
Stricter policies at the regional level can create injustice 
for civil servants within the South Sumatra Provincial 
Government compared to civil servants in other regions 
that apply more flexible national rules. Therefore, 
alignment is needed so that regional policies do not 
conflict with central policies, especially in aspects of  age 
limits, accreditation of  study programs, and flexibility of  
independent study assignments.

D. Analysis of  Authority in the Determination of  
Independent Study Assignments in the Government 
of  South Sumatra Province
In administrative law, authority is the basis for the 
government to take action and issue policies. South 
Sumatra Governor Regulation Number 19 of  2023 which 
regulates independent study assignments for civil servants 
is a manifestation of  the Governor’s authority as the 
head of  the region in personnel management. However, 
further analysis is needed to assess whether this policy has 
been implemented in accordance with the principles of  
administrative law.

Authority Theory 
Attributive authority is the authority given directly by 
legislation to officials or government bodies (Hadjon, 
2007). In this context, the Governor of  South Sumatra 
has attributive authority derived from Law Number 23 of  
2014 concerning Regional Government, which gives the 
regional head the right to regulate staffing in his territory. 
South Sumatra Governor Regulation Number 19 of  2023 
can be said to be legally valid because it is issued based 
on the authority granted by higher laws and regulations. 
However, this regulation needs to be tested whether its 
implementation is in line with national policies such as 
Menpan RB Circular Letter No. 28 of  2021, which has 
more flexible provisions regarding the age limit for 
learning assignments.

Theory of  Delegated Authority
Delegation of  authority is the delegation of  authority 
from higher officials to subordinate officials in order 
to effectively carry out tasks (Atmosudirdjo, 1981) . In 
Pergub No. 19 of  2023, the Governor of  South Sumatra 
delegated authority to BKD South Sumatra to manage 
independent study assignments for civil servants, 
including setting requirements and selecting applications. 
However, this delegation poses a problem because the 
minimum age limit of  40 years old is not found in national 
regulations such as Menpan RB Circular Letter No. 28 
of  2021. This could lead to policy gaps and potential 
inconsistencies with higher regulations.

Theory of  Discretion
Discretion is the authority given to officials to make 
decisions in situations that are not fully regulated by 



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law (Friedrich Carl von Savigny, 1995) . In this case, the 
Governor of  South Sumatra uses discretion in setting a 
minimum age limit of  35 years for S1, at least 40 years for 
S2, and at least 45 years for S3 for civil servants who apply 
for independent study assignments. Although discretion is 
necessary in government, this age limit is considered too 
strict compared to the Menpan RB Circular Letter No. 28 
of  2021, which only regulates that the maximum age is 
twice the normative education time before the retirement 
limit. Therefore, the discretion applied needs to be 
evaluated so that it does not conflict with the principles 
of  proportionality and fairness for civil servants.

Authority Theory
Authority in bureaucracy must be used in accordance 
with the main function of  the organization, which is 
to improve the efficiency and effectiveness of  services 
(Weber, 1964) .
South Sumatra Governor Regulation No. 19 Year 2023 
should aim to improve the competence of  civil servants to 
optimize public services. However, strict age restrictions 
can actually hinder civil servants who want to develop 
themselves through higher education. In the perspective 
of  Weber’s theory, this policy needs to be reviewed so 
that it remains in accordance with the main objective of  
bureaucracy, which is to improve the quality of  human 
resources in government.

Theory of
The principle of  legality emphasizes that every 
government action must have a legal basis and must not 
conflict with higher laws in (Dicey, 1959). When compared 
to Menpan RB Circular Letter No. 28 of  2021, South 
Sumatra Governor Regulation No. 19 of  2023 appears 
to be more stringent in terms of  age requirements and 
study program accreditation. This creates a potential 
legal conflict because national regulations provide greater 
flexibility. Therefore, from the perspective of  legality, this 
Governor Regulation needs to be further reviewed so 
that it does not contradict the principle of  hierarchy of  
laws and regulations in Indonesia.

E. Analysis of  Justice in the Determination of  
Independent Study Assignments in the Government 
of  South Sumatra Province
The implementation of  independent study assignments 
based on South Sumatra Governor Regulation Number 
19 of  2023 can be analyzed through a justice theory 
approach. Justice in the context of  public policy, especially 
in the management of  civil servant resources, must ensure 
that every individual has an equal opportunity to develop 
their competence.
Some theories of  justice that are relevant in analyzing this 
policy include distributive justice (Aristotle), procedural 
justice (John Rawls), retributive justice (David Miller), 
comparative justice (John Finnis), and substantive justice 
(Amartya Sen).

Justice Theory
Distributive justice is justice that is oriented towards 
the distribution of  rights and obligations in accordance 
with the capacity and contribution of  individuals in 
society (Aristotle, 1925). In the context of  South Sumatra 
Governor Regulation Number 19 of  2023, this policy 
sets a minimum age limit of  35 years for undergraduate 
level, 40 years for master level, and 45 years for doctoral 
level for civil servants who apply for independent study 
assignments. If  examined based on distributive justice, 
this policy is potentially unfair because it limits the 
opportunity for younger civil servants to improve their 
competence, even though they have met the academic 
requirements and have a need to improve their skills.
In contrast, Menpan RB Circular Letter No. 28 of  
2021 provides more freedom by only requiring that 
the maximum age of  civil servants applying for study 
assignments is twice the normative education time 
before the retirement age limit. This regulation is more 
distributively fair because it considers the age diversity 
and needs of  civil servants. Therefore, a more flexible 
policy on independent study assignments can better 
reflect the principle of  distributive justice.

Procedural Justice Theory
Procedural justice is justice that focuses on fair processes 
and mechanisms in decision making. If  analyzed from 
the perspective of  procedural justice in (Rawls, 1971), 
South Sumatra Governor Regulation No. 19 of  2023 has 
weaknesses in the selection mechanism for independent 
study assignments, because the age limit of  35 years 
for S1, 40 years for S2, and 45 years for S3 is not based 
on the principle of  transparency and sufficient public 
consultation. Younger civil servants with high academic 
ability and motivation are not given the same opportunity 
because this policy is made with a top-down approach, 
without taking into account the real needs of  individual 
civil servants.
In contrast, regulations such as Menpan RB Circular 
Letter Number 28 of  2021 pay more attention to 
procedural principles that are more flexible by considering 
the retirement age limit as the main reference. This shows 
that regulations at the national level provide a fairer 
mechanism in making decisions related to ASN learning 
tasks.
Retributive Justice Theory
Retributive justice emphasizes the importance of  
granting rights and sanctions based on individual 
performance or contribution (Mille, 1999). In the context 
of  learning assignments, ASNs who have demonstrated 
good performance, have competence, and meet academic 
requirements should be given the opportunity to obtain 
learning assignments, regardless of  their age. However, 
with the strict age limit in South Sumatra Governor 
Regulation No. 19 of  2023, civil servants who have 
worked with dedication but have not reached the 
minimum age limit do not get rights commensurate with 



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their contribution. This policy risks violating the principle 
of  retributive justice, as it does not reward ASN based 
on their achievements and dedication, but rather based 
on a factor that is not always relevant (age). Therefore, a 
more flexible policy such as Menpan RB Circular Letter 
Number 28 of  2021 better reflects this principle of  
justice.

Justice Theory
Comparative justice demands that public policies treat 
individuals in the same situation equally (Finnis, 1980). In 
the application of  South Sumatra Governor Regulation 
No. 19 of  2023, civil servants who are under 40 years 
old but have the same abilities, academic achievements, 
and motivation as older ASNs are treated differently 
only because of  the age factor. This is contrary to the 
principle of  comparative justice, because someone who 
has the same eligibility does not get equal treatment in 
applying for independent study assignments. In contrast, 
the national regulation of  Menpan RB Circular Letter 
No. 28 of  2021 is more supportive of  equality in learning 
assignment opportunities by considering aspects of  
competence, not solely age. Therefore, revisions to South 
Sumatra Governor Regulation No. 19 of  2023 need to be 
made to align with the principle of  comparative justice.

Substantive Justice Theory
Substantive justice focuses on creating real opportunities 
for each individual to develop according to their potential 
(Amartya Sen, 2009). In the perspective of  substantive 
justice, the age restriction in South Sumatra Governor 
Regulation No. 19 of  2023 hinders young civil servants 
who want to improve their competence through higher 
education. In contrast, the national regulation of  Menpan 
RB Circular Letter No. 28 of  2021 is more in line with 
the principle of  substantive justice because it provides 
flexibility in the age limit of  study assignments, so that 
more civil servants can benefit from this program. 
Therefore, to make this policy more substantively fair, 
South Sumatra Governor Regulation No. 19 of  2023 
should be adjusted to the national policy.

F. Comparison of  Independent Study Task policies 
in other regions
Some comparisons of  independent study assignment 
policies for civil servants in several provinces in Indonesia:
1. North Kalimantan Governor Regulation Number 29 of  
2020 (Regulation: North Kalimantan Governor Number 
29, 2020) concerning Guidelines for Granting Study 
Assignments for Civil Servants, as for the provisions for 
Civil Servants for Study Assignments in this Governor 
Regulation including:
a. Implement a learning task application procedure with 
strict administrative requirements.
b. Provide a mechanism for study assignments with 
government fees and independent fees.
c. Emphasizes the obligation to refund tuition fees if  
government-funded civil servants do not return to work 

after their study assignment.
d. This regulation regulates the special requirements as 
referred to in article 7 letter b of  this regulation, including:

1) Have a minimum service period of  1 (one) year since 
being appointed as a civil servant;

2) Has the remaining service period of  the employee by 
considering the education period and the service bond, 
with a minimum provision:

a. 3 (three) times the normative time of  the Study 
Program before the retirement age limit of  the position, 
for Learning Tasks that are dismissed from Position; or

b. 2 (two) times the normative time of  the Study 
Program before the retirement age limit, for Learning 
Assignments that are not dismissed from the position.
2. Regulation of  the Governor of  North Sumatra 
Number 26 of  2024 (Regulation: Governor of  North 
Sumatra Number 26, 2024) concerning Competency 
Development through the Education Pathway for Civil 
Servants, as for the provisions for Civil Servants Learning 
Assignments in this Governor Regulation including:

a. Study assignments can be given on assignment 
from Government Agencies, and or requests from civil 
servants.

b. Study assignments are financed both exempt / not 
exempt from Position Duties. As well as Independent 
Cost Learning Tasks both exempt and not exempt from 
Position Duties. Article 7 of  this Regulation regulates, 
among others:
Learning assignments consist of:

a. Study Assignments funded by the Regional Budget 
and/or other funding sources, namely: (1) Study Duties 
are funded and exempted from job duties; and (2) Study 
Duties are funded and not exempted from job duties.

b. Self-financed Learning Duties, namely: (1) 
Independent fee Learning Assignments and exempted 
from job duties; and (2) Independent fee Learning 
Assignments and not exempted from job duties.
2) Learning Tasks that are exempted from the duties of  
the position in question are Learning Tasks carried out 
during working hours.
3) Learning assignments that are not exempt from the 
duties of  the position as intended are given to officials who 
are currently occupying managerial and non-managerial 
positions by obtaining approval from the PPK.

c. The procedure for determining Learning 
Assignments is regulated in Article 8 of  this Regulation, 
which regulates, among others:
1) Learning assignments are given to civil servants who 
meet the following requirements:
a) Have a minimum service period of  1 (one) year since 
being appointed as a civil servant;
b) The education to be pursued is in accordance with 
the Regional Apparatus Learning Task Needs Plan and 
has relevance to the educational background and / or in 
accordance with the main duties and functions of  the 
civil servants concerned;
c) Considering the education and service bonding period, 
the normative age limit before assignment from PPK is;



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1) 3 (three) times the normative time of  the Study 
Program before the retirement age limit of  the position, 
for Learning Assignments that are exempted from 
position;
2) 2 (two) times the normative time of  the Study Program 
before the retirement age limit, for Learning Assignments 
that are not exempt from position.
d) Have a performance appraisal in the last 2 (two) years 
at the lowest with a good predicate;
e) physically and mentally healthy;
f) Civil servants who apply for Learning Assignments are 
not currently :
1) on leave outside the state’s responsibility;
2) in the examination of  disciplinary offenses; and/or 
criminal offenses;
3) in the process of  imposing disciplinary punishment of  
moderate or severe level
4) undergoing disciplinary punishment of  moderate or 
severe level;
5) undergo temporary dismissal as a civil servant.
d. This regulation does not regulate the minimum 
accreditation for the Study Program where civil servants 
will continue their education, as stated in article 13 of  this 
Regulation, namely:
The Study Program chosen in the implementation of  
Learning Tasks at Higher Education must meet the 
requirements
a) according to the planning of  educational needs of  local 
government apparatus resources;
b) its implementation in academic, vocational or 
professional types; and
c) have accreditation from an authorized institution.
3. West Kalimantan Governor Regulation Number 
71 of  2022 (Regulation: West Kalimantan Governor 
Number.17, 2022) concerning Competency Development 
through the Education Pathway for Civil Servants in the 
West Kalimantan Provincial Government, as for the 
provisions for Civil Servants on Study Assignments in 
this Governor Regulation including:
a. Learning Assignment Planning where learning 
assignments are set that are aligned with the needs of  the 
organization.
b. Regulates the types of  learning assignments as in article 
8, namely: 
Learning assignments are provided through 4 (four) types 
of  funding, namely:
1) Fully third-party funded study assignments;
2) Study assignments are fully funded by the APBD;
3) Cost-sharing funding learning assignments, and
4) Self-funding learning tasks.
c. The requirements for civil servants for study 
assignments in this Regulation are regulated in Article 13, 
namely:
(1) Civil servants who get study assignments must meet 
the following requirements:
a) Status as a civil servant;
b) Have a service period of  at least 1 (one) year since 
being appointed as a civil servant;

c) Have a service period of  at least 1 (one) year starting 
from the date of  transfer to the West Kalimantan 
Provincial Government;
d) Have a working period of  at least 3 (three) years 
since completing the last formal education that has been 
followed;
e) Have a period of  employee service by considering the 
period of  education and the period of  service bond, with 
the provisions of  at least :
1) At least 3 (three) times the normative time of  the study 
program before the retirement age limit of  the position, 
for learning tasks that are dismissed from the position; 
and
2) At least 2 (two) times the normative time of  the study 
program before the retirement age limit, for independent 
study assignments that are not dismissed from the 
position.
f) Performance appraisal for at least the last 2 (two) years 
with the lowest predicate of  “good”;
g) Qualify for rank/space classification according to the 
level of  education and diploma, among others:
1) Diploma I, Diploma II and Diploma III Education 
Programs, have a high school diploma or equivalent, the 
lowest rank is Junior Registrar / (II/a);
2) Diploma IV Education Program, Diploma IV Program 
and Professional Education, have a high school diploma 
or equivalent rank of  at least Junior Registrar Level I / 
(II / b);
3) Diploma IV transfer/level education program, 
Diploma IV transfer/level education program and 
Professional Education, have a Diploma III diploma, the 
lowest rank is Junior Registrar Level I / (II/b);
4) Bachelor Education Program, Master Education 
Program, Professional Education Program High school 
diploma or equivalent, lowest rank Junior Registrar Level 
I/ (II/b);
5) Professional Education Program, Master Education 
Program, Specialist Doctor Education Program, Sub-
Specialist Doctor Education Program, the lowest rank is 
Junior Administrative Officer / (III/a); and
6) Doctoral Education Program or equivalent, the lowest 
rank is Junior Level I / (III / b).
h) Not currently:
1) in the process of  examining disciplinary offenses and/
or criminal offenses;
2) serving imprisonment or confinement and/or 
moderate or severe disciplinary punishment; or
3) Undergoing leave outside the state’s responsibility 
and/or undergoing temporary dismissal for civil servants.
i) Never:
1) sentenced to disciplinary punishment of  at least 
moderate level within the last 1 (one) year;
2) sentenced to imprisonment or confinement based on a 
court decision with permanent legal force within the last 
1 (one) year;
3) canceled or dismissed from his/her learning duties in 
accordance with the provisions of  laws and regulations 
within the last 2 (two) years.



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j) fulfill other requirements and pass the selection carried 
out by third parties and / or universities;
k) sign agreements related to the provision of  learning 
assignments; and
l) willing to be dismissed from office.

CONCLUSION
The findings of  this study on the implementation of  
independent study assignments for civil servants in the 
South Sumatra Provincial Government under South 
Sumatra Governor Regulation Number 19 of  2023 
indicate that, although independent study assignments 
are intended to enhance the competence of  civil servants 
at their own expense and outside working hours, several 
obstacles persist. First, the age limit set by the regulation 
poses a challenge, despite the fact that independent study 
assignments do not rely on government funding. Second, 
the lack of  dissemination regarding the mechanisms 
and procedures results in civil servants having limited 
understanding of  the application process. Third, 
geographical constraints hinder civil servants from 
outside Palembang in accessing education, even though 
online learning options are available. Fourth, institutional 
support, particularly in terms of  study permits and 
personnel administration, requires further improvement. 
Policy evaluation and enhanced institutional support 
are crucial to addressing these challenges and ensuring 
the effective implementation of  independent study 
assignments.

REFERENCES
Amartya, S. (2009). The Idea of  Justice. Harvard 

University Press.
Arifin, M. Z., Nugraha, M., Putri, T. Y., Arifin, M. Z., 

Nugraha, M., & Putri, T. Y. (2024). Jolasos: Journal 
of  Social Society Grounding the Welfare State Theory in 
Strengthening Village Funds for Poverty Alleviation According 
to Distributive Justice (pp. 29–42).

Aristotle. (1925). Nicomachean Ethics. Oxford University 
Press.

ASN., D. J. (2022). ASN professionalism index. Jakarta 
Directorate of  ASN Position. BKN. E-Book.

BKD; South Sumatra. (2024). Regional Staffing Agency 
of  South Sumatra Province.

Dicey, A. V. (1959). Introduction to the Study of  the Law of  the 
Constitution. Macmillan.

Finnis, J. (1980). Natural Law and Natural Rights. Oxford: 
Oxford University.

Friedrich Carl von Savigny. (1995). Legal Discretion and 
Modern Law. Oxford University Press.

Government Regulation No.11. (2017). On Civil Servant 
Management.

Hadjon, P. M. (2007). Introduction to Indonesian Administrative 
Law. Gajah Mada University.

Helmi, M. M. (2023). Implementation of  the Policy of  
Giving Study Assignments to Civil Servants in the 
Sabang City Government Environment. USK FISIP 
Student Scientific Journal, 8(4), 1–16.

Karunia, A. M. (2022). 35 percent of  ASN in RI 
has low performance, BKN: Like “Dead Wood” 
because of  laziness. 1. https://money.kompas.com/
read/2022/07/21/142000926/35-persen-asn-di-ri-
kinerjanya-rendah-bkn--seperti-kayu-mati-karena-
malas

Mille, D. (1999). Principles of  Social Justice. Harvard 
University Press. 

Government of  South Sumatra Province, P. G. S. S. 
(2019). Delegation of  authority or granting power 
to on behalf  of  the Governor of  South Sumatra to 
sign Letters and Decisions in the Civil Service Sector 
within the South Sumatra Provincial Government.
Palembang.

Regulation of  the Governor of  South Sumatra Number 
19. (2023). About Guidelines for Providing Learning 
Assignments for Civil Servants through Formal 
Education Pathways.

Regulation: Governor of  West Kalimantan Number. 17. 
(2022). Competency Development through Education 
Pathway for Civil Servants within the Government of  
West Kalimantan Province.

Regulation of  the Governor of  North Kalimantan 
No. 29. (2020). Guidelines for Granting Learning 
Assignments for Civil Servants.

Regulation of  the Governor of  North Sumatra Number 
26. (2024). Competency Development through 
Education for Civil Servants. 26.

Prajudi Atmosudirdjo. (1981). State Administrative Law.
Rawls, J. (1971). A Theory of  Justice. Harvard University 

Press.


