Legalitas dan Rasionalitas Larangan Kawin dalam Seleksi Calon Pegawai Negeri Sipil di Indonesia

Abstract

The prohibition of marriage as a requirement in the recruitment of Civil Servant Candidates (CPNS) is still found in the practice of public sector recruitment in Indonesia, particularly during the education, training, or probationary period. This policy has raised significant legal debate as it potentially restricts the constitutional right of citizens to marry and establish a family as guaranteed by the 1945 Constitution of the Republic of Indonesia. This study aims to analyze the juridical nature of marriage prohibition in CPNS recruitment requirements and to assess its
compatibility with human rights principles and the principle of non-discrimination. This research employs a normative legal method using statutory and conceptual approaches. The data are collected through library research on legislation, legal doctrines, and previous studies. The findings indicate that marriage prohibitions imposed through administrative policies without a clear statutory basis may exceed the authority of administrative law and conflict with the protection of human rights. Furthermore, such policies create legal uncertainty and pose a risk of discriminatory practices in the recruitment of civil servants. Therefore, clearer and more proportionate regulatory arrangements are necessary to ensure that CPNS recruitment policies maintain administrative effectiveness while respecting fundamental human rights.