Service Law Research Articles

Historical Study of the Neutrality Arrangements of the State Civil Apparatus in General Elections in Indonesia

This research aims to determine the neutrality regulations of civil servants in general elections. To achieve this goal, analysis was carried out on secondary data or library materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. To complete secondary data, interviews were conducted with sources consisting of experts in the field of civil service law and general elections, as well as practitioners such as the State Civil Service Agency, the State Civil Service Commission, and the General Election Supervisory Agency of the Republic of Indonesia. This research applied a statute approach and combined it with a historical approach and a conceptual approach. The results of the research showed that from 1966 until now, the regulation of the neutrality of the State Civil Service in general elections has undergone changes in the subject and object of its regulation. However, this arrangement has not been able to guarantee the neutrality of the State Civil Service in general elections. This is inseparable from the political system, which does not yet support the realization of neutrality of the State Civil Service in General Elections.

The so-called service law: The newest discussion

The so-called service law: The newest discussion

Kebijakan Aplikasi Whatsapp Satu (AWAS) Komitmen Lembaga Pemasyarakatan Kelas 1 Bandar Lampung Terhadap Undang-Undang Nomor 25 Tahun 2009

Entering the digital era and information disruption, we need innovations (newness) to support improving the quality of public services. Digital public services are the answer as a solution to change the conventional public service system which is known to be slow, inefficient, and full of extortion. The author focuses on the policy of the Head of Class 1 Bandar Lampung Prison on the use of public services based on information technology applications called the Whatsapp Satu Application abbreviated as AWAS as a form of commitment to Law Number 25 of 2009 concerning Public Services, hereinafter abbreviated as the Public Service Law. Despite facing obstacles, the implementation of AWAS has been felt to have an impact on Correctional Inmates (WBP), WBP families, and stakeholders because the service is getting faster, easier, and more comfortable. Furthermore, the development of digital services with this online application can be connected to the Correctional Data System (SDP) and reach the entire community from their respective places.

State Laws Governing the Hiring of Public Health Government Employees, 2023.

Governmental public health agencies have experienced longstanding challenges in recruiting individuals at the state and local level. Understanding civil service laws as they relate to the hiring processes is an important component of recruitment and increasing public health workforce capacity. This study presents state hiring laws and regulations governing the public health government workforce. Legal mapping techniques were employed to collect and code data on current hiring laws governing governmental public health employees across all 50 states. The review of laws included constitutions, statutes and regulations, and searches of administrative code. In 12 states, the laws do not specify civil service exam criteria or they have no mention of civil service exams in the law. Almost a third of states have laws that establish civil service exam requirements without specifying conditions for when exams must be required, or which positions allow which types of exam/criteria. Similarly, almost all of the states that have civil service exams denoted in their laws have unspecified language about whether there are exam fees. Requirements for the maintenance/use of state hiring lists are in place in 36 states and 26 states have a non-public health agency managing this process. Nearly all states (n=48, 96%) require hiring preferences for certain types of individuals, most commonly veterans (n=48, 96%) and family members of veterans (n=30, 60%). No state laws provide hiring preferences for individuals from public health fellowships or special training programs. Key findings suggest that the laws governing the merit system and civil service vary and often lack clarity, which may be difficult for public health agencies and for potential employees to understand, navigate, and successfully recruit key employees. The recruitment and hiring of new governmental public health staff are complicated by the management of hiring by other state agencies and the vague civil service exam requirements and process. Developing preferences for hiring individuals who have additional practical training in public health (eg, public health fellowships and AmeriCorps) should be considered.

The moving goalposts - tightening design goals during a sound impact study for a New York State Article VII filing

Article VII of the New York State Public Service Law has a review process for applications to site, construct, and operate large-scale electric or natural gas transmission facilities. A transmission facility developer proposed to rebuild 12 miles of an above-ground electric transmission line and an adjoining substation in southern New York. In the middle of the permitting process, one reviewing entity issued a new guidance document that outlined sound study methodologies and sound level design goals for projects filing Article VII applications. This arrived after the initial sound level impact study was finished and the Article VII application was deemed complete for the project. Epsilon Associates, Inc., the acoustical consultant, revisited the sound model and then implemented mitigation in the form of a 30-foot-tall barrier for the proposed substation upgrade to meet the more stringent limits outlined in the guidance. Although the project was ultimately approved and constructed, additional time was spent both by the consultant and the developer which also accrued additional costs for the project attributable to this new guidance.

When Individual Politics Become Public: Do Civil Service Protections Insulate Government Workers?

This paper examines whether the civil service system protected state bureaucrats from political interference following a recall petition against the governor of Wisconsin. I find that most classified workers, who were covered by the state civil service laws, were paid equally by signing status following the public disclosure of the petition list. Conversely, signers in the unclassified service, a smaller set of government positions, were paid about 3 percent less annually relative to nonsigners in the postdisclosure period. These results indicate that the civil service insulated qualified bureaucrats, while uncovered workers faced retribution. (JEL D72, D73, H75, H83, J31, J45)

DOCTRINAL AND LEGAL APPROACHES TO THE DEFINITION OF CIVIL SERVICE

The civil service as a type of public service is distinguished by many scientists in the field of constitutional law, administrative law and other branches of law. However, a uniform approach in science to the definition of civil service has not been developed, because of discussion about belonging of the civil service to a particular branch of law. In this article, the civil service is considered from the perspective of various branches of law: as an labor law, administrative law, сivil service law and constitutional law. The author argues position about belonging of civil service to the branch of constitutional law, also the author argues necessity to consider civil service as a special professional work of citizens, analyzed legislation in order to give a legal definition of civil service, and offers doctrinal definition of civil service.

Penegakan Hukum Hak Cipta Pada Konser Online Berbayar Yang Diperjualbelikan Kembali Oleh Pengguna Aplikasi

Online paid concerts, which is an Over The Top (OTT) services, are exclusive content that has the potential to be duplicated or distributed commercially by application users. Reselling paid online concerts is a copyright infringement and is still rampant on social media. This indicates that there are problems with the enforcement of copyright law in the field of information and communication technology that are still not effective in preventing infringement and suppressing the pirated content market. This research aims to find out how to enforce copyright law related to OTT services and to examine the problems so that it can be used as a material for national law evaluation. The research method used is normative legal research or library research which is conducted by examining legal library materials consisting of primary and secondary law. The results of this research indicate that the copyright law of OTT services have not been specifically regulated and the government's role in monitoring and eradicating the electronic information piracy market is still not optimal.

Research on the Wear Evolution Behavior of 20CrMnTi Alloy Steel under Different Loading Conditions

Abstract 20CrMnTi alloy steel has excellent surface hardness and good wear resistance, making it widely used in the preparation of key components of various high-speed and high-load gearboxes, such as gear, rack, and bearing. However, the existence of friction and wear behavior in service leads to various damage behaviors, which seriously affects its service stability and effective life. Based on experimental research and numerical simulation technology, this study reveals the damage evolution law of 20CrMnTi low carbon alloy steel under different wear load conditions. It is shown that the increase of wear load and time duration will obviously lead to the increase of contact stress and deformation of the material surface, and eventually lead to an increase in wear degree. The research findings provide experimental support and theoretical guidance for effectively predicting the damage law in actual service.

Burning behavior and fire hazards of petroleum liquid combustible spills

In July 2019, an arson using motor gasoline occurred in Kyoto. After the incident, the Fire Services Law in Japan was revised to regulate the sale of motor gasoline in portable cans to prevent similar incidents. However, other petroleum combustible liquids, such as white gasoline and lighter oil, remain easily accessible. Hence, the burning behavior when petroleum combustible liquids and motor gasoline are spilled should be elucidated. Although the burning behavior of spilled motor gasoline on a floor has been studied, the burning behavior of other petroleum combustible liquids has not yet been reported. Therefore, this study aims to investigate the burning behavior of eight types of petroleum combustible liquids, including motor gasoline. Gas chromatography–mass spectrometry analyses were performed to determine the sample compositions. The flashpoints were estimated from the measured saturated vapor pressures. A circular bank with a diameter of 1.6 m was created on a calcium silicate floor, and 4 L sample liquid was spilled inside the bank. From the results of the burning experiments, the flame temperature, surrounding heat flux, flame height, and burning duration of the petroleum combustible liquids were determined. Additionally, we attempted to predict the potential burn injuries to the human body around the flame based on the flux data. The results of this study can be applied to the fire risk assessment caused by petroleum combustible liquids and help predict burn injuries to victims.

러시아연방의 공무원 제도

The current civil service system in the Russian Federation was established and operated after the collapse of the Soviet Union, going through the first civil service reform in 1995 and the second civil service reform in 2002. The Civil Service Act of the Russian Federation is an individual administrative law in the administrative law system of the Russian Federation and forms a unique area and system of administrative law (Институт государственной службы), and its disciplinary system is related to the state affairs system of the Russian Federation, which is the basic law in the civil service law system. It consists of related general laws and special laws based on federal laws and the status and scope of activities of public officials. When referring to civil servants under the Civil Service Act of the Russian Federation, it refers only to state civil servants (Государственный служащий), which are equivalent to career civil servants in Korea. Therefore, the concept of public affairs does not exist in the civil service law of the Russian Federation, and the concept of national affairs (Государственная служаба) is commonly used. National affairs are defined as workers who are employed by a state agency and granted State Council status, and where a natural person provides labor for the purpose of performing specific affairs for state agencies and public officials as a state in the practical sense. In the Russian Federation, administrative jurisdiction exists at the federation, federation constituent, and local government levels. Persons who perform affairs at each level are called state secretaries in a formal sense, and are specifically divided into federal state secretariat, federal constituent state secretariat, and local government officials. They are classified, and it is no exaggeration to say that among all levels of office work, federal office workers are the standard for office workers at other levels. The types of Federal Secretariat are: ㉠ General State Council (Государственный служащий), ㉡ Military Council (Военнослужащий), ㉢ Special State Council (Специальный г) The State Council for Justice, the State Council for Foreign Affairs, And then ㉥ It is classified as the Prosecutor's Office (Государственный служащий прокуроского работника).

Evolutionary patterns and influencing factors of relationships among ecosystem services in the hilly red soil region of Southern China.

As a crucial ecological protection area in China, the Southern hilly red soil region is characterized by uneven spatial and temporal distribution of ecological landscape elements, unpredictable and changeable interrelationships between them, diversified driving factors, and lack of comprehensive consideration of ecosystem services. In order to better understand the interaction between ecosystem services, restore regional ecology, and promote sustainable development, the evolution law and influencing mechanism of ecosystem services and their driving factors are quantitatively analyzed in the study. Based on simulations of different ecosystem services from 2000 to 2020, their spatial and temporal changes and the contributions of main drivers are quantified, their trade-offs and synergies are analyzed, and the changing rules under the influence of natural factors and socioeconomic factors are explored. The results show that (1) the crop production significantly increases in the southwest and north regions, the habitat quality decreases in urban and coastal areas, and the soil retention and water yield show an increasing trend from west to east. (2) Land use/cover is the main driver of carbon storage and habitat quality variation, and precipitation is an important driver of water yield spatial variation. (3) The crop production and the other four ecosystem services show a trade-offs relationship, and the relationship between supporting services and regulating services is the synergetic. (4) The altitude weakens the synergistic relationship between soil retention and habitat quality/carbon storage, while it enhances the synergistic relationship between soil retention and water yield. Driven by precipitation factors, ecosystem services related to water yield have significant differences in the change. The population density enhances the trade-offs of crop production and soil retention, as well as the synergistic relationship between soil retention and habitat quality/carbon storage. In different land use/cover (LULC), the influence of urban land on ecosystem services relationship change is more obvious. Overall, this study can provide scientific bases and policy suggestions for ecosystem protection/restoration in the red soil region of Southern China, which has an important theoretical and practical significance.

THE EVOLUTION OF WOMEN'S RIGHTS IN THE JORDANIAN LEGISLATION: CHALLENGES AND PROSPECTS FOR SUSTAINED PROGRESS

Purpose: To analyze and evaluate the impact of the most recent legal reforms in the Jordanian laws aimed at protecting women’s rights. Theoretical Reference: By employing human rights and critical legal studies as theoretical frameworks, the research provide a comprehensive analysis of the evolution of women's rights in Jordanian legislation, identify key challenges, and propose strategies for sustained progress towards gender equality. Method: The research method used is Doctrinal Legal Research, analyzing laws, regulations, statutes, and legal documents to understand the structure of the law and its applicability to the intended purpose. Results and Conclusion: The research provided in-depth analysis of the progress in protecting women rights in CEDAW reservations, the Jordanian constitution, and major national laws: nationality law, personal status law, civil service law, and labor law. Beyond legal changes, it's vital for the government to view laws as protective measures and actively combat indirect discrimination against women, shifting focus from mere legal neutrality to acknowledging and supporting women's roles and responsibilities in society. Implications of research: Overall, studying the evolution of women's rights in legislation provides valuable insights into the progress, challenges, and opportunities for advancing gender equality and human rights within societies. Originality/value: Recent reforms in Jordanian legislation, notably the latest constitutional amendment, highlight the importance of assessing the status of women's rights in the country. While there are concerns about the perceived limited progress in legal protection for women, there is a critical need for comprehensive analysis of recent amendments to enrich global literature on this significant issue, emphasizing the necessity of updating existing literature with relevant, current information.

Research on the Regulation of Intelligent Elderly Service Laws in the Age of Artificial Intelligence

Abstract The artificial intelligence senior care model brings about work efficiency improvement and human resource cost saving to old care service enterprises and government departments. Taking Maslow’s hierarchy of needs theory as an entry point, the article systematically combs through the needs, legal source relations, and potential risks of intelligent senior care services. To accurately assess the relevant influencing factors of the legal regulation of innovative senior care services, linear regression and seemingly uncorrelated regression models are introduced. The model parameters are estimated by Bayesian estimation method, and the empirical analysis is conducted based on the baseline regression and seemingly uncorrelated regression models. When the local government pension policy decreases by every 1 percentage point, the degree of legal regulation of innovative pension services will decrease by 0.598 percentage points. In addition, in the likelihood uncorrelated regression model, the influence coefficient of education level is −0.372, which is 38.81% lower than the benchmark regression model. To better guide the standardized development of innovative senior care services, the central and local governments must actively introduce relevant policies to help the public better understand and accept the advantages of intelligent senior care services.

Civil Services Laws in Pakistan: Paradigm–Shift

Civil Services Laws in Pakistan: Paradigm–Shift

Regulation on the Position of the State Civil Apparatus in the General Sorting of Indonesia

This study examines the regulation of the position of the State Civil Apparatus (ASN) in the context of General Elections (Pemilu) in Indonesia. This research uses normative juridical method with qualitative descriptive analysis approach. Regulations on the position of civil servants are very clearly regulated in the legislation on how to regulate civil servants to be more optimal in supporting government activities to benefit the community as much as possible and be fair and always maintain neutrality in elections. Based on the results of the study, there are several regulations governing the position of civil servants in elections in Indonesia, namely the 1945 Constitution, the Civil Service Law, the Election Law, the Corps Life Government Regulation and the Civil Servant Code of Ethics, the Government Regulation on Civil Servant Discipline, and the Circular Letter of the Chairman of KASN concerning the Neutrality of Civil Servants.

Determinant Factors in the Implementation of Merit System: An Overview of Indonesian Case

It is believed that implementing and realizing a merit system in managing government resources not only increases professionalism but also anticipates the occurrence of corruption. A comprehensive merit system can also encourage further positive impacts, especially on the investment climate and boosting the national economy. The enactment of the Civil Service Law is the government's step in realizing a merit system in Indonesia. However, approaching a decade of implementation, admitting the merit system still leaves some outwork and shortcomings. The strong culture of primordialism, patronage, and nepotism affects human resource management at various levels of the Indonesian government. Meanwhile, Indonesia has a noble ambition to implement a comprehensive merit system in the upcoming golden Indonesia period of 2045. This begins by determining the achievements of the merit system to produce professional ASN as a foundation by 2029. This study will further discuss what merit system principles as factors can be determined and implemented for Indonesian government institutions. Considering merit system principles such as strengthening capacity and capability, openness and impartiality, empowerment, and effective leadership is believed to encourage widespread and comprehensive implementation of the merit system. The elements of an optimal and effective merit system in the workplace will form professional employees, foster better societal conditions, and ultimately have a broader positive impact at the regional and national levels.

Turkish Nationalism, Egalitarianism, and Social Policy: The Compulsory Public Service of Physicians

Abstract This article examines how the Turkish political elites have responded to the uneven geographical distribution of physicians. This has been a chronic problem in health care provision, with physicians concentrated in the urban areas of western Anatolia at the cost of rural areas and the east, especially the Kurdish southeast. Successive Turkish governments have employed compulsory service laws as major policy tools to tackle this distribution problem. Legislative discussions about these laws have revolved around the idea of a unitary Turkey, the Turkish nation, and how to close the gap between the idealized imaginary of these and the defective reality. Drawing on Kojin Karatani’s mode-of-exchange framework, this study examines the legislative process on the distribution problem through the history of the post-Ottoman republic to the present. It identifies Turkish nationalism centered on state and on commodity exchange as two variants giving shape to the response to the problem. This analysis also contributes to our understanding of the weakness of social citizenship in Turkey. It is argued that Turkish nationalism—specifically, its state-centered version—operates by interpellating Turkish citizens as indebted to the nation-state, thereby hindering the development of the notion of the rights-bearing citizen.

PELAKSANAAN PENGAWASAN PELAYANAN PUBLIK OLEH OMBUDSMAN

This research aims to determine the implementation of public service monitoring by the ombudsman. The Ombudsman is an independent institution that receives and investigates complaints from victims of public maladministration. Several problem formulations will be discussed, including How the Public Service Administration System is and what is the position of the Ombusdman in the Constitutional System of the Republic of Indonesia. The method used is normative-empirical legal research. Public services according to the Public Service Law include public goods and public services and administrative services regulated in statutory regulations. Article 2 Law no. 37 of 2008 emphasizes that the position of the Ombudsman is a state institution that is independent and does not have organic relationships with other state institutions and government agencies, and in carrying out its duties and authority is free from interference from other powers.

The Activity of the “Renaşterea” Priesthood Society from Oltenia, in the Socio-Cultural and Political Context from 1938–1940 and the Establishment of the Social Service Institution

"This paper approaches one of the faces of transposition into practice mechanism of inter-institutional cooperation, enforced thru the Social Service law, in October, 1938. The case of the Priesthood Society “Renaşterea”, socio-professional society that united the active and retired priests and deacons from Oltenia, of which social activity interfered/intersected, mostly, with the activity of the new institution, can be considered a similar pattern also for the integration of other institutions and associations that activated prior to 1938 in the socio-cultural field. The analysis has in the centre the idea that the politic register of Carol II royal dictatorship was a reference point that should have been considered by all public institutions and organisations to operate. Based on the analysis of some archive documents (consisting in the reports of the “Renaşterea” Society, the correspondence between the representatives of the society and the administrative and cultural authorities), the two parts of the article highlights the organisational and functional complications the Social Service law caused to the “Renaşterea” Priesthood Society, and also the efforts of this socio-professional association to keep the continuity of its existence, and also the place earned over time within local communities. In this matter, the necessity of integration/connection of its activity with the newly formed institution appeared as a forced compromise solution, determined by the restrictive limits of the Carlist regime."