scholarly journals HAK PENSIUN JANDA KEDUA DARI SUAMI YANG BEKERJA SEBAGAI APARATUR SIPIL NEGARA (ASN)

NOTARIUS ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 32
Author(s):  
Dian Woro Sawitri

AbstractState Civil Apparatus (ASN) according to Article 1 paragraph 1 of Law Number 5 Year 2014 on ASN is a profession for civil servants and government employees with employment agreements working in government agencies. In the case of a Civil Servant or the employee's pension recipient having more than one wife, the widow's pension shall be granted to the wife who was then the longest and uninterruptedly married. The purpose of this study is to know and analyze the legal efforts that can be done by a second widow if not get the right pension from husband who work as ASN. The approach method used in this research is the method of Juridical Normative Approach While Analysis in this Research is Descriptive analitif. The result of this research is the right of pension income to widow more than one person not listed in pension recipients that can be distributed to all legitimate wives and the division is 36% (divided equally) from minimum 75% minimum wage according to government regulation but must have the main proof of the legitimate marriage certificate is the marriage certificate / marriage certificate. The legal means that may be filed by the related party (the second widow of ASN) is through the provisions of the Marriage Act through the marriage herbat of the second widow and the related ASN who has passed away. AbstrakAparatur Sipil Negara (ASN) menurut Pasal 1 ayat 1 Undang-Undang Nomor 5 Tahun 2014 tentang ASN adalah profesi bagi pegawai negeri sipil dan pegawai pemerintah dengan perjanjian kerja yang bekerja pada instansi pemerintah. Dalam hal Pegawai Negeri atau penerima pensiun pegawai pria tersebut beristri lebih dari seorang, maka pensiun janda diberikan kepada istri yang ada waktu itu paling lama dan tidak terputus-putus dinikahnya. Tujuan penelitian ini adalah Untuk mengetahui dan menganalisis upaya hukum yang dapat dilakukan oleh janda kedua apabila tidak memperoleh hak pensiun dari suami yang bekerja sebagai ASN. Metode pendekatan yang digunakan dalam penelitian ini adalah metode pendekatan Yuridis Normatif Sedangkan Analisa dalam Penelitian ini bersifat Deskriptif analitif. Hasil penelitian ini adalah Hak penerimaan pensiun terhadap janda lebih dari satu orang yang tidak terdaftardalam daftar penerima pensiun yaitu dapat dibagikan kesemua istri yang sah dan pembagianya adalah 36% (dibagi rata) dari minimal 75% gaji terendah menurut peraturan pemerintah yang berlaku tetapi harus memiliki bukti utama dari pengakuan perkawinan yang sah yaitu akta nikah/ surat nikah.Upaya hukum yang dapat diajukan oleh pihak terkait (janda kedua dari ASN) adalah melalui ketentuan dalam Undang-Undang Perkawinan yaitu melalui itsbat nikah dari janda kedua dan ASN terkait yang telah meninggal dunia.

2021 ◽  
Vol 13 (2) ◽  
pp. 245-256
Author(s):  
Citra Dewie Puspitasari ◽  
Bambang Shergi Laksmono

People with disabilities owned the same right to obtain employment to be civil servants. The government had created plenty of regulations to guarantee the right to obtain a job, starting from statutory regulations and various implementing regulations. However, a few problems in the scope of employment in government agencies still occur during this time, such as unachievable quotas, failure in procurement, and inequality for persons with disabilities. Moreover, it was not following the number of regulations that have been published. Hence, we were interested in analyzing the contents of the civil servant candidate recruitment policy and its implementation in 2017 through 2019 using a normative-empirical juridical approach, which was presented in a descriptive form. The Researchers examined statutory regulations and implementing regulations, supported by interview data from the stakeholders. In terms of content, the laws and regulations accommodated it quite well. Even though there were bad things, such as the Civil Servant Management regulation and technical regulations regarding the needs of employees in 2017 and 2018, that was considered discriminatory. Furthermore, Ministries and local governments have not fully followed the policies as written in the regulations. Briefly, there was an evolution of the regulations year by year; they were yet needed to improve policy content, although the policies continued to evolve for the better.


Yuridika ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 254
Author(s):  
Muhammad Yassin

Civil servant is the incumbent Government in doing a service to the community. To meet the needs of employees in the Agency-agencies or areas that need or are experiencing a shortage of substitute employees Transfer of civil servants or mutations. The occurrence of a mutation or the transfer of work areas occurs only on civil servants, not government employees with the agreement because the civil servant has no agreement or contract work but hired a public agreement was generally recognized by many countries. In practice, Transfer of civil servants is one of the activities closely associated with the emergence of imbalance between the rights and obligations of civil servants as the civilian apparatus of state and as the citizens. Therefore, it is necessary to have legal protection for civil servants in the implementation of the transfer of civil servants. In relation to the implementation of the mutation, any civil servant who is transferred must be treated equally, whether it is the right or obligation of the civil servant concerned. Mutations are not the cause of the reduced rights, such as salary, leave, opportunities for promotion, even safe and healthy working conditions. Implementation of the mutation should also ensure that the workload and related employee responsibilities will remain the same as those performed in the previous workplace.


2020 ◽  
Vol 2 (4) ◽  
pp. 443
Author(s):  
Muhammad Adib ◽  
Sri Kusriyah Kusriyah ◽  
Siti Rodhiyah Dwi Istinah

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.


2019 ◽  
Vol 3 (2) ◽  
pp. 99-116
Author(s):  
Arif Suhartono ◽  
H.M. Said Karim ◽  
Marwati Riza

The current study draws attention to analyze the right to salary of Civil Servant (PNS) undergoing legal proceedings and to analyze the qualifications of criminal act of corruption within the scope of the State Civil Apparatus. This study was an empirical legal research. The findings showed that the right to salary and benefits of Civil Servant undergoing legal proceedings was regulated in Article 281 of Law No. 11 of 2017 concerning Management of Civil State Apparatus that Civil Servant who were temporary dismissed due to detention of a suspect shall not be entitled to receive salary, but shall receive temporary dismissal pay. The amount of temporary dismissal pay is 50% (fifty percent) of the last salary as civil servant before being temporary dismissed in accordance with the laws and regulations. Temporary dismissal pay shall be received in the following month since the stipulation the temporary dismissal. On this basis, a comprehensive regulation is needed relating to supervisory oversight mechanism who made an omission against her subordinate civil servants who have committed disciplinary violations, especially those who were suspected of committing criminal act.


2021 ◽  
Vol 13 (2) ◽  
pp. 312-318
Author(s):  
Novita Dewi Masyithoh ◽  
Sut eki ◽  
Yuna nto ◽  
Briliyan Ernawati ◽  
Nur Hidayati

Unregistered polygamous marriage carried out by civil servants has serious implication for wives’ financial problem, social fate and loss of children’s welfare. The Marriage Law allows polygamy with very strict requirements. In the Government Regulation governing civil servant polygamy, justice is the main requirement in polygamy, because it really determines welfare in polygamy families. Based on the results of in-depth interviews and participant observation by using the constructivism paradigm and socio-legal approaches, it was found that unregistered polygamous marriages carried out by civil servants have implication for the disciplinary punishment of employees, so the polygamists got the sack. This implies their family economic problems, because there is not enough income to meet the needs of family life. Finally, neglect and divorce occur. Wives and children will be victims. Hence, it is necessary for the government to regulate particular policies for the polygamists of civil servants, to save their wives and children’s life. Firing the polygamists is not such a solution, but will instead create more complicated problems for their families.


2015 ◽  
Vol 2 (2) ◽  
Author(s):  
Ni Kadek Widhi Dwi Sekarsari ◽  
Luh Kadek Pande Ary Susilawati

Civil Servant (PNS) is part of the state apparatus that became one of the most important elements in the government. As a civil servant, people must be follow the rule included in Indonesian Regulation No. 43 Yr. 1999. Dismissal or retirement is one rule that applies to every member of civil servant. Dismissal or retirement of civil servants was a time when a person is laid off from a job appropriate age limits stipulated in Government Regulation (Dewi, 2011). Retirement would be associated with civil servant prepared or unprepared when entering that phase. Based on this, researchers are interested to see the preparations related to the readiness of civil servants towards retirement and social support necessary forms ahead of the retirement of civil servants.   This study used qualitative research methods with a phenomenological approach. Respondents in this study were four people whose status as civil servants in the province of Bali. Data collection techniques used in this study were interviews and observation.   The results of this study indicate that the civil servants who will retire requires good support from family, co-workers, as well as institutions. Support from family is the most important support is needed before the retirement of civil servants in the types of emotional support and information support. In addition, preparations are need of social support in the civil servants towards retirement include the preparation of financial, health or fitness, role adjustment, leisure time activities, as well as health insurance.     Keywords: civil servants, social support, retirement


KOMUNITAS ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 121-139
Author(s):  
Agus Agus

The purposes of this research are to describe; the condition of civil servants (PNS), the implementation of recruitment and development of civil servants, also problems and policy solutions for good governance practices in the recruitment and development of civil servants in Central Lombok. The result of research, there is surplus (excess) of the number of civil servants who have to occupy the position on Echelon III, those are 4,241 people and echelon II are 73 people. The implication is unhealthy competition to obtain structural positions, which then disturbs the health of bureaucratic organizations. Recruitment of civil servants is guided by Government Regulation (PP) No. 98 of 2000 which constructs six stages of work; planning, announcement, application, screening, appointment of  CPNS up to appointment to be civil servant. The position of Regent as the officer of the regional staffing authority gives him authority in the appointment of echelon IV to Echelon II without any sides’ consideration. As the result, practices of civil servant development policy create three conditions; the growth of spoils system practices, the improper use of the work of Baperjakat, and ultimately the practices disturb the independence of Baperjakat work. Good governance practice in civil servant recruitment has practiced aspects of efficiency, transparency and equity, but it has not been seen in the development aspect. Based on the above conditions, this research offers policy solutions to local governments.


2020 ◽  
Vol 3 (1) ◽  
pp. 37-56
Author(s):  
Fahmi Kamuli ◽  
Tunggul Anshari ◽  
Istislam Istislam

This research is aimed to analyzing and understanding the actions of the Head of Boalemo Regency in mutate the Civil Servant based on the mutation policy and also to analyze the filling positions in the implementation of the mutation of Civil Servants in Boalemo Regency. The method used in this research is Empirical Juridical Method. The results of the research were found that mutations of Civil Servant are enhancement over the years in Boalemo Regency. Injustice in determining mutations is marked by work placements that are not compatible with Civil Servants’ educational background. There is a political interest in the Government of Boalemo Regency which caused injustice in the mutation of the Civil Servants. 


2021 ◽  
Vol 8 (10) ◽  
pp. 383-390
Author(s):  
Sakariyau, Jamiu Kayode ◽  
Uwaezuoke, Ngozi Ifeanyi ◽  
Olaoye, Temitope Komolafe

Housing has been acknowledged generally as a key human necessity. One of its problems may be claimed that it is not affordable for the ordinary Nigerian worker, whose earnings and wages are now strongly depressed and unable to fulfill their fundamental necessities. From the perspective of the above, this study studied the affordability of government workers in the State of Ekiti, Nigeria. Purposive method of sampling was used to sample two government agencies and parastatals. A total of One Hundred and Twenty Six (126) government officials were picked. 94 questionnaires were retrieved. The questionnaire was used to collect the information required and analysed by descriptive and medium item score statistics. The findings indicated that government employees in Ekiti State could, on average, afford to pay rental housing since most employees spend less than 30 per cent of their yearly salary on rentals, especially in the medium and high income categories. In the study, public and private engagements were proposed, leading to affordable and sustainable state housing delivery. Keywords: Housing, Civil Servant, Affordable, Rent, Ekiti State.


2022 ◽  
Author(s):  
GOVERNANCE: JURNAL POLITIK LOKAL DAN PEMBANGUNAN

The location of the research was carried out in the Class II B prison of Muara Bungo . This research took place for 1 month, from March 01 to March 30, 2021. The aim of the study was to determine the implementation of Government Regulation Number 32 of 1999 concerning the Terms and Procedures for the Implementation of the Rights of Correctional Inmates at the Class II B Correctional Institution Muara Bungo, to determine the factors obstacles in implementing Government Regulation Number 32 of 1999 concerning Terms and Procedures for the Implementation of the Rights of Correctional Inmates at the Class II B Correctional Institution Muara Bungo and To find out the efforts made in implementing Government Regulation Number 32 of 1999 concerning Terms and Procedures for the Implementation of Citizens' Rights Correctional Assistance at the Class II B Correctional Institution Muara Bungo. This study uses a qualitative method. The results showed that the implementation of Government Regulation Number 32 of 1999 concerning the Terms and Procedures for the Implementation of the Rights of Correctional Inmates, namely Education and coaching at the Class B Muara Bungo Prison includes: Religious Awareness Education, Physical and Spiritual Health Education, National Awareness Education, State and Awareness Law, Art Education. Educational and coaching activities carried out by the Class II B prison of Muara Bungo have been in accordance with Government regulation No. 32 of 1999 but in the implementation there are still some obstacles. Inhibiting factors in the implementation of Government Regulation No. 32 of 1999 Every form of education and development carried out almost certainly has obstacles, be it large or small scale. Obstacles that exist during the effort to fulfill the right to education and development of inmates in Lapas Class II B Muara Bungo are: The time and form of coaching for inmates is relatively short, Lack of Human Resources (HR), lack of facilities and infrastructure and lack of budget Education and coaching as well as the Fostered Citizens Factor itself. Efforts made in overcoming barriers to fostering inmates are using the Approach Method, the approach method used in overcoming the obstacles that exist in correctional institutions, increasing the interest of inmates, conducting training, expanding product marketing and tightening security surveillance.


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