State Administration Officials Research Articles

Juridical Review Cancellation of Graduation of Applicants in Procurement of Civil Servants due to Incompatibility of Educational Qualifications

This study has the aim of analyzing the cancellation of the graduation status of Civil Servant procurement applicants whose educational qualifications are not in accordance with those that have been established and only known in the future. This research uses normative legal research methodology with a statute approach. The results of the study found that Government Regulation Number 11 of 2017 concerning Management of Civil Servants as amended by Government Regulation Number 17 of 2020 only regulates the dismissal of Candidates for Civil Servants and does not explicitly regulate the cancellation of graduation. The provisions in Government Regulation Number 11 of 2017 mutatis mutandis apply to the cancellation of the graduation status of applicants who have educational qualifications that do not match, with the limitation that applicants have provided incorrect information regarding their educational qualifications. The principle of contrario actus stipulates that the Staffing Officer is the official authorized to revoke/cancel a decision due to a substance defect in the form of a factual discrepancy regarding educational qualifications caused by the applicant. However, the cancellation of the applicant's graduation cannot be done if the incompatibility of educational qualifications is caused by the inaccuracy of the Civil Service Procurement Committee. This is because there is the principle of mistakes made by State Administrative Officials in issuing decisions that cannot result in losses for justice seekers/society.

Legal Reconstruction of State Administrative Court Decisions Execution Based on the Value of Pancasila Justice

This article discusses the factors that cause the State Administration Agency or Official (TUN Agency or Official) unable to realize a PTUN decision execution that is in accordance with the Pancasila Justice Value currently; and how to reconstruct the execution regulations of the PTUN decisions based on the values of Pancasila justice In a study using the constructivism paradigm and the method of the socio-legal research approach. The data sources in this study consist of primary data sources and secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials related to the analysis of qualitative descriptive data. The results of the discussion show that the weaknesses that cause the State Administration Agency or Official (TUN Agency or Official) unable to realize a PTUN decision execution that is in accordance with the Pancasila Justice Value currently include 4 things, namely: (1) low compliance and legal awareness of the State Administration Agency or Official; (2) low legal compliance and awareness of the community; (3) the existence of the interests of state administration officials; and (4) there is an error in vision in the use of the authority of his position. Then, the Reconstruction of this regulation is as follows: paragraph (3) regarding the grace period for submitting an application for execution; Paragraph (4) regarding forced efforts, administrative sanctions are emphasized in the form of disciplinary action on dismissal from office; the addition of paragraph (5), regarding the synergy of the implementation of the decision; the addition of paragraph (6) regarding the contempt of court for officials and related parties who do not comply with the decision; paragraph (7) changes regarding hierarchical execution, to execution carried out by an executing agency; paragraph (7) is old, deleted because it is no longer using forced money, and administrative sanctions have been regulated in paragraph (4).

Analisis Terhadap Putusan pengadilan Tata Usaha Negara yang terkait dengan Pembatalan Penerapan Pasal 87 ayat (4) UU ASN

This article or writing aims to analyze the process of resolving employment disputes with respect to civil servants based on applicable laws and regulations and the application of the provisions of article 87 paragraph (4) of Law number 5 of 2014 concerning State Civil Apparatus by state administrative officials. regarding the dishonorable discharge of civil servants in the perspective of the State Administrative Court. In analyzing, the juridical-normative legal research method is used. The data were collected through literature study. and analyzed qualitatively. This study concludes that the Civil Service Dispute Resolution Process with respect to the dismissal of civil servants is carried out by 2 (two) employment dispute resolution routes. In the PTUN Banda Aceh No. 9/G/2018/PTUN-BNA, dated 6 August 2018, the basis for dismissal for committing a criminal act of corruption which was sentenced to imprisonment based on the District Court Decision dated 23 February 2012 for 1 (one) year in prison. The substance of the application of the article in this decision applies Article 87 paragraph (4) letter b retroactively (retroactive principle). The reason for the cancellation is Article 28I paragraph (1) of the 1945 Constitution and is contrary to the principle of legal certainty.

Due To The Legal Non-Compliance of State Administrative Officers With The Implementation of Forced Money (Dwangsom) In The Execution of State Administrative Decisions

Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body

URGENSI CONTEMPT OF COURT DALAM PELAKSANAAN PUTUSAN PTUN: STUDI PERBANDINGAN INDONESIA DAN THAILAND

The implementation of the decisions of the State Administrative Court (PTUN) in positive law has been strengthened by using administrative and civil coercive measures in the form of imposition of forced money. However, in the decision execution mechanism, the Administrative Court does not have an executive body, so that the State Administration Officer is often disobedient and does not implement the Administrative Court decisions. Thus, citizens' constitutional rights to justice that have been decided by the State Administrative Court can be threatened. This study aims to compare the PTUN system in Thailand and Indonesia and analyze the urgency of contempt of court action. This research uses normative research with a statutory approach and a comparative approach. The results of this study are that there is no regulation regarding the contempt of court and the executorial institutions of the Administrative Court decisions in Indonesia. Meanwhile, Thailand already has a contempt of court regulation and an executive body that functionally carries out the execution of litigants. Therefore, the regulation and implementation of contempt of court to State Administration Officials who do not implement the Administrative Court decisions is an urgency to increase the effectiveness of the execution of Administrative Court decisions in Indonesia.

DAYA MENGIKAT PUTUSAN PANITIA PENGAWAS PEMILU DALAM PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH

This study aims to analyze the Binding Power of the Panwaslu's Decision in the dispute resolution trial for the parties, and to analyze whether the KPUD violates the law if it does not implement the Panwaslu's decision in the Settlement of Pilkada Disputes. This study uses a normative legal research type, in this case it is intended to conduct an assessment of the legal basis and legal doctrine related to the Binding Power of the Decisions of the Election Supervisory Committee in the Settlement of Regional Head Election Disputes. The legal material analysis technique used is prescriptive, in which the author provides a formulation of the concept of applying the rules of norms that can be used to solve the problems at hand. From this research, it can be seen that the binding power of the Panwaslu Decision in the settlement of regional election disputes based on Article 144 paragraph (1) of Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2014 Regarding the Election of Governors, Regents, and Mayors to become a law, it is binding. So that it is clear to get legal certainty for the parties to the dispute, the administration, and the organizers. As well as requiring the KPU to carry out or follow up on the Panwaslu's decision, this is also regulated in Article 144 paragraph (2) of Law Number 10 of 2016, so that as a legal state that adheres to and is based on law, the KPU is obliged to comply with what is said. written in the rules. As part of the State Administration Officials and Election Organizers, the KPU is obliged to carry out the decision. And of course, sanctions must be given if they do not carry out the decision, because the KPU can be said to have violated the law.

Policy regulation test according to government administration regulations

The policy regulation itself is one of the government instruments, tools, or facilities used by the government or state administration officials to carry out government tasks. This policy regulation is a consequence of the welfare law state, which imposes a complete task to achieve people's welfare following the welfare state's goals. However, in its development, the policy regulations that were initially intended and needed to carry out government duties cannot be separated from the conflict with other legal norms and other legal problems.

Normative Analysis of Unlawful Acts of State Administrative Officials Related to the Implementation of State Administrative Court Decisions

Normative Analysis of Unlawful Acts of State Administrative Officials Related to the Implementation of State Administrative Court Decisions

EKSISTENSI PTUN SEBAGAI WUJUD PERLINDUNGAN HUKUM KEPADA WARGA NEGARA DARI SIKAP TINDAK ADMINISTRASI NEGARA

All actions that harm everyone can be monitored by the court, while the review can be channeled through the State Administrative Court (PTUN). The State Administrative Court is one of the implementers of judicial power for the people seeking justice for State Administrative disputes. PTUN aims to resolve State Administrative disputes. Research methods in this papers using normative juridical research methods and using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases, sued unseen husbands, as well as secondary legal materials such as books, journals, articles, and other legal doctrines. State administrative disputes are disputes that arise in the field of State Administration between Persons or Civil Legal Entities and Legal Entities or State Administration Officials, both at the center and in the regions, as a result of the issuance of State Administrative Decrees, including employment disputes based on statutory regulations applicable. With the juridical analysis method, the author discusses the existence of PTUN as a form of legal protection for citizens from the act of state administration (abuse of power)

Forced Efforts in the Execution of Decisions of the State Administrative Court

The State Administrative Court is the executor of judicial power assigned to examine, decide and resolve State Administrative disputes. This research has two problems: forced attempts to execute the state administrative court's verdict and the obstacles in implementing these forced attempts. The research method is normative legal research called normative juridical research or doctrinal research that looks at the law's objectives, the values of justice, the validity of the rule of law, the law's concept, and legal norms. The implementation of forced efforts against The State Administrative Court decision under Article 116 paragraph (4) of Law Number 51 of 2009 can be applied in executing the State Administrative Court's decision. Institution for forced efforts consists of forced money, administrative sanctions, and announcements/publications important in the effort to force lies in State Administrative Officials' awareness to voluntarily comply with the State Administrative Court's decisions.Keywords: forced effort; execution, court decision

Kedudukan Peradilan Administrasi Negara Sebagai Upaya Dalam Mendorong Terbentuknya Pemerintahan Yang Baik

Efforts to encourage the implementation of proper governments are continually done in each country, including one of them in the Republic of Indonesia. A decent government can be realized if it is followed by government decisions that are responsive to the needs and interests of the community. The decision of the state administration officials in the effort to realize a proper government must be based on the general principles of good governance, especially those that have been mentioned in Act. No. 30 of 2014 concerning Government Administration. In term of realizing a proper government, it not only becomes the duty of the state administration officials through the decisions formed, but also the involvement of the community as the plaintiff for any government decision that feels disadvantaged and the state administrative court as an institution that examines and decides disputes between the community and the government by continuing to refer the laws and general principles of a good government is part of realizing a good governance.

Application of Sanctions Against State Administrative Officials in Failure to Implement Administrative Court Decisions

<p>The purpose of this research is to determine the nature, types, and execution of administrative court decisions, as well as the position of the Prosecutor's office in the Indonesian legal system. This research also examines the legal consequences for officials that do not adhere to administrative court decisions. This is prescriptive legal research and descriptive normative legal research, comprising a statute and case approach, with data collected from primary and secondary legal materials. Firstly, the results showed that the nature of administrative court decisions is <em>erga omnes.</em> The types of administrative court decisions are before and after the dispute subject examination. Furthermore, the execution consists of the obligation to revoke the state administrative decisions, issue new laws due to the petition for negative or positive fictitious choices, and the imposition of compensation and rehabilitation in employment disputes. Secondly, the position of the Prosecutor was categorized into executive power. Thirdly, state administrative officials are obliged to implement administrative court decisions. To not implementing the administrative court decision is a violation of the principle of legality. Legal consequences for government officials that do not subject to and are disobedient to the administrative court decision with legal force should still be imposed administrative sanctions by their superiors.</p><p><strong>Keywords:</strong> Administrative Sanctions; Administrative Court; Prosecutor’s Office.</p>

Information literacy of Polish state administration officials in the context of the concept of "good governance"

The article presents the results of research on information literacy (IL) of employees of selected state administration offices, those in which the concept of improving the quality of work, named "good governance", has been implemented. The first aim of the study was to determine the components of IL necessary for state administration employees and the deficiencies occurring in this respect. Another goal was to develop research methods and techniques which would be useful to achieve the first aim and to identify challenges of this study. The research was conducted in two stages. The first of them, carried out at the Lublin Provincial Office in Poland, was aimed at determining the information needs of individual official positions, identifying the IL essential for officials and the shortcomings in this regard. At this stage, the following research methods have been used: analysis of cards describing individual job positions in the office, the method of mapping knowledge in the office and the method of focused group interview. The second stage of the research was carried out in five provincial offices. This time, the main goal was to check whether the questionnaires developed by Polish researchers to study the information culture (the system of human attitudes towards information) of various social groups could be effectively used to study the IL of officials. It was assumed that the information culture of staff determined their ability to undertake information activities, including untypical ones, expected from them in line with the concept of "good governance". The conclusion reached was that IL of employees was underestimated in the current practice of state administration. A set of components of the information skills useful for working in various office job positions have been developed. It was reported that the information culture of the studied group was characterised by an optimistic perception of their own skills and their professional usefulness. Studies have shown that obtaining conclusive results indicating the level of specific information skills in the office environment is often not possible for reasons beyond the control of a researcher. Traditional IL testing methods are assumed to fail there. This is due to the Dunning-Kruger effect (Kruger & Dunning, 1999), as well as constraints imposed by the way offices function and decisions of the management of the office. It seems that achieving more precise results requires establishing close cooperation with the management of an examined group. Undertaking such research is necessary in the context of implementing the concept of "good governance" and a model of one of the methodologies has been presented in the article.

Pelanggaran Etika Birokrasi dalam Pemerintahan di Indonesia

In government ethics, there is a prevailing assumption that through the appreciation of good ethics, an apparatus will be able to build a commitment to make himself an example of goodness and maintain government morality. Good government officials and have high morals, will always guard themselves in order to avoid disgraceful acts, because they are called to maintain the mandate given, through imaging the behavior of daily life. Within the scope of the government profession, for example, there are certain values ​​that must be upheld in order to maintain the image of a government capable of carrying out its duties and functions. Trends or symptoms that arise today, many bureaucratic apparatus in carrying out their duties often violate the rules of the game that have been set. Cases related to ethical violations in the government bureaucracy such as corruption and gratification (bribery) involve many professions in violating ethics such as state administration officials, regional heads, legislators, prosecutors, judges, police, tax officials, and so on. Bureaucratic Ethics is part of the rules of the game in the Bureaucracy or Civil Service organization which structurally has regulated the rules of the game, which we know as. Code of Ethics for Civil Servants, which has been regulated by the Civil Service Act. To be more effective in delivering the code of ethics, the code of ethics can be read together -the same on certain occasions which is sometimes followed by a discourse from a ceremonial leader called a ceremonial inspector, the intention is to create favorable moral conditions in experienced organizations and to cultivate the necessary mental attitude, as well as to create good morals. The Code of Ethics is usually read in flag ceremonies, monthly ceremonies or ceremonies anniversary of the organization concerned, and national ceremonies. In order to create a more ethical Bureaucratic Apparatus according to the above expectations, it is necessary to make efforts and training in that direction as well as to enforce strict and clear sanctions for those who violate the code of ethics regardless of their rank and position. Anyone who violates the code of ethics, whether it's superiors or subordinates, must be dealt with firmly to create a deterrent effect. Therefore, in relation to the Code of Ethics for Civil Servants, it must really animate, appreciate and implement the employment rules that have been determined or set as the rules of the game for the Bureaucratic apparatus. Keywords: bureaucratic ethics, government

Cancellation of Land Ownership Certificate by the State Administrative Court Reviewed from the State Administrative Justice Law

Based on Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning Land Registration states, in the event that a land area has been issued a certificate legally and on behalf of a person or legal entity who acquires the land in good faith and expressly controls it, then the other party who feels that it has the right to the land, can no longer demand the exercise of the right if within a period of 5 years from the issuance of the certificate does not object in writing to the holder of the certificate or the Head of the Land Office concerned or does not file a lawsuit to the Court regarding the mastery or issuance of the certificate. Legal problems arise that a certificate that has been issued a certificate for 5 years can not be sued in court on an validity basis. The results showed that the cancellation of land rights certificate by tun court based on The State Administrative Court Law, cancellation of land certificates by deliberation and other efforts and unilateral settlement by the National Land Agency (BPN) has been carried out, where the plaintiffs held a review of the State Administrative Decision that has been issued can not be received by the plaintiff or the disputing party. Prior to the ruling that has legal force it remains prohibited for the relevant State Administration officials to carry out mutations on the land in question, it is to avoid the occurrence of problems in the future that cause harm to the litigants and third parties.

PENGUJIAN PERATURAN KEBIJAKAN DALAM SISTEM PERADILAN DI INDONESIA

The policy regulation is one of the government instruments or tools and means used by the government, including state administration officials in criminal justice in carrying out government tasks and other judicial actions. The existence of this policy regulation is a consequence of the welfare law state which imposes a very broad task, namely for the attainment of the people's welfare in accordance with the objectives of the welfare state itself. However, in the development of policy regulations that were originally intended and needed in carrying out governmental duties, in fact their implementation cannot be separated from the problems of conflicts with other legal norms and other legal problems. This paper wants to answer an important question, namely; "What is the basis for government action to issue policy regulations and why policy regulations, theoretically and in practice, cannot be categorized as statutory regulations?". The conclusion that can be drawn from this paper is related to the large "space for movement" held by the government and the positions in the judicial field to make policy regulations. For this reason, it is necessary to recommend Supreme Court to issue a Supreme Court Regulation which regulates technical proceedings related to the review of policy regulations. Delegating the authority to review policy regulations to become the authority of the State Administrative High Court (PT TUN) is a strategic step that can be developed by the Supreme Court of the Republic of Indonesia.
 Keywords: Testing, Policy Regulations, Regulations, Contradictions of Norms, Government Administration.

Implementation of Fictitious Positive Decision Case Settlement at Administrative Courts

The enactment of Law Number 30 of 2014 on Government Administration, has given birth to a new paradigm related to silence or neglect of an application to obtain a ruling or a decision from a State Administration official becomes positive, meaning that every application for a State Administrative Decree that is Not followed up and/or ignored by State Administration officials are considered legally granted, as confirmed in the provisions of Article 53 paragraph (3) of Law Number 30 of 2014 concerning Government Administration. According to the principle of a fictitious positive decision, if the State Administration Agency or Official does not issue the requested decision, while the predetermined period has passed, it is legally deemed to have issued a decision granting the application (a fictitious positive decision). At the level of implementation at the Administrative Court, the procedure for the Fictitious Positive Application has been regulated in Supreme Court Regulation Number 8 of 2017, concerning Guidelines for Procedures to Obtain Decisions on Acceptance of Applications to Obtain Decisions and / or Actions of Government Agencies or Officials. This Court Regulation number 8 is an amendment and refinement of the Supreme Court Regulation Number 5 of 2015 concerning Guidelines for Procedures to Obtain Decisions on Acceptance of Applications to Obtain Decision and/or Actions from Government Body or Officials.

PENYALAHGUNAAN WEWENANG JABATAN OLEH PEJABAT NEGARA/PEMERINTAH : PERSPEKTIF HUKUM ADMINISTRASI NEGARA DAN HUKUM PIDANA

On November, 17, 2019, it was reported that the President Director of PT Garuda Indonesia Tbk. I Gusti Ngurah Askhara (Ari Askhara) got involved in the illegal Harley Davidson motorcycle parts and Brompton bikes found in the Garuda Indonesia aircraft. He was fired from the position. The case of the illegal spare parts by the Customs and Excise officers on the Airbus A330-900 Neo aircraft with the flight number GA 9721 on Sunday November, 17, 2019 is one more abuse of power among so many similar cases done by state officers. The case proves that an official power is vulnerable to corrupt. Abuse of power is as old as the age of human civilization. Abuse of power is an unlawful act done by a person or people in an official capacity. Abuse of power breaks the article 3 of the Indonesian Law No. 31 Year 1999 jo the Indonesian Law No. 20 Year 2001, that is “Anybody who with the intention to earn profit for himself or another person or a corporation, abuses the authority, opportunity or facilities given to him on account of his post or position which may cause loss to the state finance or state economy, shall be sentenced to life imprisonment or a minimum sentence of 1 (one) year and a maximum of 20 (twenty years) or a minimum fine of ..." It is a qualitative research methodology with observation and literary review to collect data. The research concludes that state administration officials should have professionally technical skills and morality to do their duties. If they do not have them, they might be fired in the perspective of administrative law and be sentenced to life imprisonment in the perspective of criminal law.

PERAN PENGADILAN DALAM PROSES EKSEKUSI PUTUSAN YANG BERKEKUATAN HUKUM TETAP DI PENGADILAN TATA USAHA NEGARA SEMARAN

The State Administrative Court (PTUN) is a place to find the real truth about the actions of state administrative officials that are not under the General Principles of Good Governance (AAUPB), for people whose interests and rights are taken away by parties who are deemed to be acting arbitrarily against other parties. The decisions that have been produced during the proceedings at the PTUN will undoubtedly have an impact which is expected to make a positive contribution in formulating a system of legal protection that is just, harmonious, and under the State Administrative Court Law and the 1945 Constitution of the Republic of Indonesia as the basis of the Indonesian state.

Kontrak Build Operate Transfer (BOT) sebagai Perjanjian Kebijakan antara Pemerintah dengan Pihak Swasta

BOT (Build Operate Transfer) as a form of agreement held by the government policy with private parties is a legal act by the agency or the State administration officials who make public policy as the object of the agreement. Although inherent in him as a body or public official, the government in implementing the contractual relationship with another party (private) legal act is not governed by public law, but based on the laws and regulations of civil law (privaat recht), as the case of legislation that underlie civil legal actions carried out a body of citizens and civil law. The research shows that in a contractual relationship, the government as a party to the BOT contracts have no equal footing with their counterparts. This will be discussed in more depth in the study of law with the approach of juridical normative or study in a BOT contract as an agreement policy.