Implementasi Kebijakan Work From Anywhere (WFA) bagi Aparatur Sipil Negara: Peluang dan Hambatan Yuridis

Abstract

Digital transformation in governance encourages the emergence of policy discourse Work From Anywhere(WFA) for State Civil Apparatus (ASN) in Indonesia. This policy was born from the positive experience of implementing Work From Home(WFH) during the COVID-19 pandemic, demonstrating that work flexibility does not necessarily reduce public service productivity. However, the implementation of WFA faces a number of complex legal challenges, ranging from the lack of specific regulations to inconsistencies with applicable working hour provisions. This article aims to analyze the normative basis of WFA policy, identify opportunities for bureaucratic modernization, and map legal obstacles that could potentially hinder its effectiveness. Using normative legal research methods and a comparative approach, this study examines relevant laws and regulations, including Law Number 20 of 2023 concerning the State Civil Apparatus (ASN) and Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. The analysis shows that the existing legal framework does not fully accommodate the characteristics of WFA, particularly regarding output-based performance measurement, information security, and equitable distribution of digital infrastructure. Comparisons with practices in Singapore and Australia reveal regulatory gaps that need to be bridged through the development of comprehensive technical guidelines and reform of the bureaucratic organizational culture.