Dismissal Of Civil Servants Research Articles

The Principle of Legal Certainty in Dismissal of Civil Servants who have Reached the Retirement Age Limit and are Undergoing the Corruption Criminal Court Process

Civil Servant (PNS) is any government official who is part of the State Civil Apparatus (ASN) and has a working relationship with the state. The relationship is that civil servants are obliged to work in a government position and get protection and fulfillment of their rights. As ius constitutum, regulation of civil servants in Indonesia is regulated in Law Number 5 of 2014 concerning State Civil Apparatuses, which regulates retirement guarantees. In its implementation, obstacles arise if there are civil servants who have reached the Retirement Age Limit but at the same time are undergoing a corruption trial process that has not been inkracht. These Obstacles are the impact of the absence of the principle of legal certainty. The purpose of this study is to find out the legal regulations/norms regarding the dismissal of civil servants who have entered the retirement age limit and are currently undergoing a criminal justice process for corruption and the obstacles to its implementation from the aspect of the principle of legal certainty. The type of research used in this article is normative legal research. The results of the study, based on positive legal, show that the dismissal of civil servants who have reached the Retirement Age Limit has been regulated in Law Number 5 of 2014 concerning State Civil Apparatuses and their implementing regulations. However, there is still a void in legal norms governing civil servants who enter the Retirement Age Limit but at the same time undergo a trial process for criminal acts of corruption. This situation that the principle of legal certainty was not fulfilled and hampered the process of law enforcement in the state administration. For this reason, local governments are advised to immediately change or add to the legal norms contained in the Laws and Regulations, which specifically regulate civil servants who have entered the Retirement Age Limit but at the same time are undergoing a criminal justice process, so as to provide legal certainty and not create obstacles of the law of state administration.

Submission of Copy of Determination Order Regarding The Provisional Discontinuation of Civil Servants

Law Number 5 of 2014 concerning State Civil Apparatus stipulates that Civil Servants (PNS) who are detained because they are designated as criminal suspects are temporarily dismissed as PNS, but Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) only requires that a copy of the warrant for further detention or detention or a judge's decision be given to the family of the suspect. This study aims to determine and explain the impact of the absence of provisions in the Criminal Procedure Code regarding copies of detention orders to the Civil Service Supervisory Officer on the temporary dismissal of Civil Servants who are detained because they are designated as suspects. The approach method used in this research is normative juridical. The results of this study indicate that the absence of provisions in the Criminal Procedure Code regarding copies of detention warrants to Civil Service Supervisors related to Civil Servants who are detained because they are designated as suspects causes the issuance of Temporary Dismissal Decrees is often late.

THE PRESIDENT’S AUTHORITY IN THE APPOINTMENT, TRANSFER, AND DISMISSAL OF CIVIL SERVANTS IN DEMOCRACY IN INDONESIA

<p><em>The purpose of writing this article is to analyze the president’s authority in the appointment, transfer, and dismissal of Civil Servants after the issuance of Government Regulation Number 17 of 2020 concerning Amendments to Government Regulation Number 11 of 2017 concerning Management of Civil Servants. In this latest policy, the president is stated to withdraw the delegation of authority if the bureaucracy is not run based on a system of merit and professionalism. This policy has sparked debate because the change is seen as an attempt to dominate and hegemony of the government over the bureaucracy through the creation of undemocratic laws. There are fears that the bureaucracy will become a political tool that will keep it from its primary public servant goal. This research is part of normative legal research (normative research) or doctrinal legal research with a statutory, case, and conceptual approach. The study findings show that constitutionally the president’s authority to withdraw the delegation of authority in the appointment, transfer, and dismissal of civil servants has indeed been based on the provisions of the law where the president is the holder of government power. Still, with this regulatory change, presidential power has become more dominant. It opens up opportunities for conflict of interest to intensify in the administration of the bureaucracy so that it is not in line with democratic values.</em><em></em></p>

Увольнение государственных гражданских служащих в связи с утратой доверия: проблемы теории и практики

Увольнение государственных гражданских служащих в связи с утратой доверия: проблемы теории и практики

The Giving Of Disciplinary Penalty of Civil Servants Based On Government Regulation Number 53 of 2010 in Governments of Demak Regency

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.

Challenges of civil service ”restarting”

Introduction. The article explores the problems of the civil service in Ukraine, in particular in the context of significant amendments to the Law “On Civil Service” that were introduced in September 2019 and stipulated by the “reset of power”. The analysis focuses on the possible impact of such innovations as the possibility of dismissal without justification (grounds) of senior civil servants from positions of the category "A"(actually, based on a change of the Government), leveling of competitive procedures for selection on civil service, whereby the subject of appointment is offered for arbitrary selection of “up to 5 candidates” according to results of a competition, introduction of “contracts” in the civil service of Ukraine, simplification of procedures on recruitment and dismissal of civil servants and their approximation to relations in private (commercial) sector. Aim of the article. The aim of the article is to draw attention to the risks posed by the aforementioned changes in the civil service legislation, since such key principles of the civil service as professionalism, stability and public-law regulation of civil service relations are undermined. Results. The results of the research suggest that without protection by the law, civil servants cannot perform their functions properly, as they become vulnerable to pressure. And as a result of instability and arbitrary dismissals, the evolutionary professionalization of the civil service and its political neutrality (impartiality) are destroyed. Conclusions. Therefore, the amendments to the Law “On Civil Service” of September 2019 are extremely threatening to the Ukrainian civil service system. In the case of their negative impact confirmation, it is recommended to correct the errors as soon as possible and to return to building a civil service system on the European principles of good governance and public administration. Ukraine also needs to form a culture not only of the "transfer" of power from "outgoing" politicians, but also of "acceptance" of this power by new political leaders.

The current state of legal regulation of the release of civil servants: positive and negative aspects

The specificity of the legal regulation of passing civil service in Ukraine (labor relations with civil servants) is that it is at the same time implemented by the rules of labor legislation and the rules of special legislation on civil service. The dismissal from the civil service is the final stage of its passage, which is accompanied by the loss of the civil servant status. Legal regulation of the order of civil servants dismissal is carried out taking into account the priority of special norms over the general ones, that is, first of all, the provisions of the Law of Ukraine “On Civil Service” apply. This article explores the current state of regulation of dismissal of civil servants. It has been established that it is a dismissal of civil servants and what are the grounds for it. It is determined how the dismissal of civil servants at each stage of this process is regulated. Positive and negative aspects of the current state of legal regulation of the dismissal of civil servants are highlighted.

Dualisme Pengaturan Mengenai Pemberhentian Pegawai Negeri Sipil

The enactment of Law Number 5 Year 2014 on State Civil Apparatus and Government Regulation Number 11 of 2017 concerning Civil Servants Management raises a dualism of regulation regarding dismissal of civil servants. Because in addition to the two regulations, Government Regulation Number 53 of 2010 concerning Discipline of Civil Servants still applies. This raises a polemic, whether civil servants involved in corruption are subject to penalties based on Government Regulation Number 53 of 2010 concerning Discipline of Civil Servants or Government Regulation Number 11 of 2017 concerning Management of Civil Servants. Responding to the polemic, the Constitutional Court's decision No. 87 / PUU-XVI / 2018 concerning the Testing of Law Number 5 of 2014 concerning the State Civil Apparatus which in its consideration stated that Civil Servants were convicted of committing criminal offenses or related criminal acts with a position subject to a termination not respectfully in accordance with Government Regulation Number 11 of 2017 concerning Management of Civil Servants.

PENEGAKAN SANKSI ADMINISTRASI TERHADAP APARATUR SIPIL NEGARA YANG MELAKUKAN KEJAHATAN JABATAN OLEH PEJABAT PEMBINA KEPEGAWAIAN PEMERINTAH PROVINSI BENGKULU

Abstract: The Bengkulu Provincial Government is strongly committed to improving the quality of the Apparatus Resources of bureaucratic reform, especially the reform of apparatus resources within the Regional Government of Bengkulu Province. The ASN task has been regulated in Article 11 of the ASN Law stated that ASN employees are in charge of: a. Carry out public policies made by Personnel Development Officers in accordance with statutory provisions; b. provide professional and quality public services; and c. Strengthen the unity and unity of the Unitary State of the Republic of Indonesia. In order to carry out its duties, violations often occur that might interfere with public services which should be prioritized in carrying out their duties. Government Regulation Number 11 of 2017 concerning Civil Servants Management is regulated regarding dismissal of civil servants without respect if: "convicted with imprisonment or confinement based on a court decision that has permanent legal force because of a crime of occupation crime or crime related to General position and/or criminal.Keywords: Enforcement, Sanctions, Administration, State Civil Apparatus, Position Crimes

PERLINDUNGAN HUKUM UNDANG-UNDANG NOMOR 30 TAHUN 2014 BAGI PEGAWAI NEGERI SIPIL YANG DIBERHENTIKAN DAN IMPLIKASINYA TERHADAP KEWENANGAN BADAN PERTIMBANGAN KEPEGAWAIAN

Legal protection of civil servants (PNS) in a dispute over staffing has undergone a paradigm shift with the enactment of Law No. 30 of 2014 on Government Administration (UUAP). The paradigm change then has implications for the authority of the Civil Service Advisory Board (BAPEK). This study aims to analyze how UUAP provide legal protection to the Civil Servant who was dismissed not because of disciplinary punishment of civil servants and what are the implications of the legal protection against BAPEK authority. This research is normative legal research with qualitative analysis through conceptual approach and legal approach to legal issue which become subject matter in research. Conclusions are drawn deductively through a coherent and systematic description. To support this research, the authors conducted interviews with some of the top officials at BAPEK in Jakarta as complementary data supporting the research analysis. Based on the results of the study, the enactment of the UUAP which has established the regulation of administrative efforts in Articles 75 to 78, carries the legal consequence that the dismissed civil servant which not due to disciplinary punishment may undertake dispute resolution through administrative measures even though the relevant rules governing it, do not provide a dispute resolution through Administrative effort. This then implies the widespread authority of BAPEK, which before the enactment of UUAP is only authorized to handle administrative appeals of personnel disputes caused by the dismissal of civil servants due to disciplinary punishment.

Analisis Kebijakan Mutasi Pegawai Negeri Sipil Eselon II : (Studi Pemerintah Provinsi Maluku Utara Tahun 2014)

Program relations employees well-ordered very useful for organization and pegawai. Internal employees itself is activity management human resources that deals with displacement or mutation employees in organization..The problem was appointed in this research first, where do policy mutation civil servants echelon ii by the provincial governments North Maluku. Second, factor that influences mutation civil servants by the provincial governments North Maluku. Data collection techniques used is a questionnaire, the interview, and observation. While the kind of data is the primary and secondary data.Totaling population and samples to research is 60 people this research in a qualitative descriptive using analysis.This research result indicates that mutations not only to civil servants received a lot of challenges new and a new task as set already.But mutations are also efforts of the governor regulation, and mutation civil servants be consistent with act of state civil apparatus in 2014, about authority removal, shifting,dismissal of civil servants. Besides mutation civil servants in government positions of government province by North Maluku it was still far from expectation, because there were uncertainty the law and does not consistency of mutation requirements and removal of office.

Scientific interpretation of the essence of the mechanism of dismissal of civil servants

Professionalism and competence of the staff of public authorities is one of the most important tasks of our country in the way of development and strengthening of the personnel policy of the civil service of Ukraine. In this article, we set out how to interpret the concept of "liberation" in the scientific literature of our country. It is analyzed what specificity is inherent in this concept in the context of civil servants and how the dismissal of civil servants differs from the dismissal of other categories of employees. It is concluded that the civil service legislation defines special, in relation to the general procedure, grounds for dismissal of civil servants, which is the main criterion for the selection within the mechanism of dismissal of civil servants a number of mechanisms for dismissal of civil servants for each of them. It has been established that the mechanism for dismissal of civil servants is an interconnected concerted procedural action of the civil servant and civil servant aimed at repaying the duties of the civil servant and civil servant to one another. Elements of the mechanism for dismissal of civil servants are a set of mechanisms for each individual ground of dismissal of a civil servant, each of which forms a specific set of tools.
 It is summed, that general concept of the mechanism of dismissal of civil servants should be reduced to a set of legal remedies, which envisage the interconnected concerted procedural actions of the head of civil service and civil servant, aimed at repaying the duties of the head of civil service and civil servant to each other and legal registration of termination of labor legal relations employee on the grounds stipulated by the current legislation on civil service, including the occurrence of circumstances that cause termination of civil serv the issuance of an order or order by the head of the civil service to terminate the civil service, to issue a properly completed employment record and to make a final settlement, which results in a change in the social and legal status of the parties to the civil service relations with respect to each other.

Legal Problems in the Dismissal of Civil Servants in the United States, Britain, and France

Legal Problems in the Dismissal of Civil Servants in the United States, Britain, and France Get access Mark R. Joelson Mark R. Joelson 1Mark R. Joelson is a member of the District of Columbia Bar Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 12, Issue 2, Spring 1963, Pages 149–171, https://doi.org/10.2307/838502 Published: 01 April 1963