Legal Consequences of Official Appointment of Non Government Civil Servants Head District

The administration of the Negeri government in Salahutu Sub-district of Maluku District was in the middle of a government vacuum, so the provision of positions carried out in practice appointed the acting head of the Negeri government who was not a civil servant from the district / city environment. This issue is clearly in conflict with applicable laws and regulations. So this research aims to analyze the appointment of the acting head of the Negeri government that is not of civil servants and how the legal consequences. The concept of appointing an official to fill the government vacancy in the village or what is called by another name, is to carry out government functions related to public services and development, so that the civil servants are competent.

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Pengawasan Terhadap Penggunaan Kendaraan Dinas di Instansi Pemerintah

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.2.2434.52-56 ◽

2020 ◽

Vol 1 (2) ◽

pp. 52-56

Author(s):

I Komang Roni Januar ◽

Ida Ayu Widiati ◽

Luh Putu Suryani

Keyword(s):

Civil Servants ◽

Government Agencies ◽

Legal Interpretation ◽

Legal Research ◽

Materials Analysis ◽

Government Functions ◽

Presidential System ◽

The Government ◽

Indirect Supervision ◽

Laws And Regulations

The Indonesian state adheres to the Presidential system of government. In running the government, a president is assisted by his staff. We call this line of government. The government that we often know as Civil Servants. The position of civil servants has an important role carrying out government functions in a country. Based on this there are formulations of the problem as follows: (1) How to regulate the use of official vehicles in government agencies (2) How to monitor the use of official vehicles in Government Agencies. This type of research used is the type of normative legal research, the discussion conducted by the study of legal materials. Analysis of legal material uses legal interpretation, namely providing interpretation in terms of law. Based on the results of the study that regulations related to the use of official vehicles in government agencies are regulated in ministerial regulations and further regulated by each region in the form of governor regulations or regional regulations and Supervision of vehicle use in government agencies is carried out by Direct and Indirect Supervision . In addition to paying attention to the products of the laws and regulations, also pay attention including official vehicles, are not misused.

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PENGANGKATAN SEKRETARIS DESA MENJADI PEGAWAI NEGERI SIPIL DALAM PERSPEKTIF PERATURAN PEMERINTAH NOMOR 78 TAHUN 2013

DiH Jurnal Ilmu Hukum ◽

10.30996/dih.v12i24.2239 ◽

2016 ◽

Vol 12 (24) ◽

pp. 83-92

Author(s):

M Nasir Nata

Keyword(s):

Government Regulation ◽

Common Ground ◽

Civil Servant ◽

Civil Servants ◽

Problem Analysis ◽

Regional Government ◽

Equal Rights ◽

The Government ◽

The Village ◽

Year 2013

Since the enactment of the Act Number 32 of the Year 2004 regarding Regional Government, especially after the enactment of the Government Regulation Number 48 of the Year 2005 regarding the Appointment of the Honorary Employees to become the candidates of civil servants, the implementation of village administration began to be problematic. This problem is caused by the demands of the Village Head and Village Secretary for equal rights to be equalized with the Civil Servants. This demand implicates the birth of the Government Regulation Number 45 of the Year 2007 on the Requirements and Procedures for the Appointment of a Village Secretary to be a Civil Servant, and theoretically this regulation contradicts the Government Regulation Number 78 of the Year 2013 on the Second Amendment of the Government Regulation Number 98 of the Year 2000 on the Procurement of Civil Servants. Based on the background of this study, the problems are formulated as follows: 1) What is the ratio legis of the appointment of the Village Secretary to be a civil servant in the perspective of the Government Regulation Number 78 of the Year 2013, and 2) What is the reason of the appointment of the Village Secretary to be a civil servant? The formulation of this problem aims to analyze and to find the ratio of legis and the ratio decidendi of the appointment ofÂ the Village Secretary to be a Civil Servant in the perspective of the Government Regulation Number 78 of the Year 2013. Problem analysis of this study indicates that the ratio legis of the appointment of the Village Secretary to be a civil servant is based on the reason that government has an authority to appoint a civil servant, while the reason of the appointment of the Village Secretary to become a civil servant is that it is in accordance with justice principle and legal certainty, that is to satisfy the sense of justice in the society. In order not to cause multiple interpretations, the appointment of civil servants in all sectors should be based on common ground regulation, and the Secretary of the Village should indeed be appointed from the element of civil servants.

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Tinjauan Hukum Putusan Sela dalam Bentuk Schorsing pada Pengadilan Tata Usaha Negara

Perspektif Hukum ◽

10.30649/ph.v17i1.57 ◽

2017 ◽

pp. 15-45

Author(s):

Dezonda R Pattipawae ◽

Heillen M. Y. Tita

Keyword(s):

Good Governance ◽

The State ◽

Civil Servants ◽

State Administration ◽

The Government ◽

The Postponement ◽

Laws And Regulations

The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.

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

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8239 ◽

2020 ◽

Vol 2 (4) ◽

pp. 443

Author(s):

Muhammad Adib ◽

Sri Kusriyah Kusriyah ◽

Siti Rodhiyah Dwi Istinah

Keyword(s):

Government Regulation ◽

Positive Impact ◽

Secondary Data ◽

Civil Servant ◽

Civil Servants ◽

Disciplinary Action ◽

Primary Data ◽

Immediate Supervisor ◽

The Government ◽

The Impact

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.

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PERAN PEMIMPIN DALAM PELAYANAN PUBLIK DI KANTOR CAMAT XIII KOTA KAMPAR KABUPATEN KAMPAR

Jurnal Niara ◽

10.31849/nia.v10i2.1907 ◽

2018 ◽

Vol 10 (2) ◽

pp. 96-105

Author(s):

Hernimawati Hernimawati ◽

Sudaryanto Sudaryanto

Keyword(s):

Local Government ◽

Public Services ◽

Economic Value ◽

The People ◽

The Government ◽

The Village ◽

District Administration ◽

District Leader ◽

Government Development

District XIII Kampar City is one of the districts in Kampar regency. The number of sub-districts in Kabupaten Kampar reaches 21 districts. District XIII Koto Kampar consists of 13 villages that have various potentials that can be developed and economic value. Like Muara Takus temple located in Muara Takus village, Salai Patin processing in Desa Mosque and Pulo Simo Waterfall in Tanjung Alai Village.All these potentials are very proud for the Government and the people of District XIII Kampar City. It's just that this has not been managed with the maximum. This is evidenced by inadequate road access to reach the site.Therefore, the role of leaders needed to overcome them. According Sinambela (2014), the role of leaders in public services is to provide motivation, create a pleasant atmosphere, coordinate and implement the policy. From the results of the research, the District Leader XIII Koto Kampar has performed its role well. Where Sub District as a Local Government Apparatus District is the spearhead of the implementation of government. Whereas the sub-district with the number of apparatus that has not been complete and supported with the existing agency. The Camat office is a government, development and community administrator supported by the agency office, the sub-district administration is led by a subdistrict head who is in charge of the government with the help of the staff of the Kecamatan Office and the existing department in the sub-district and the village administration.

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Criminal Accountability Against Illegal Civil Servant Salary Receipt in Criminal Acts of Corruption

Papua Law Journal ◽

10.31957/plj.v3i2.787 ◽

2019 ◽

Vol 3 (2) ◽

pp. 99-116

Author(s):

Arif Suhartono ◽

H.M. Said Karim ◽

Marwati Riza

Keyword(s):

Civil Servant ◽

The State ◽

Civil Servants ◽

Legal Research ◽

Civil State ◽

Legal Proceedings ◽

State Apparatus ◽

The Right ◽

To Receive ◽

Laws And Regulations

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.

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PENJATUHAN HUKUMAN DISIPLIN TERHADAP PEGAWAI NEGERI SIPIL YANG DIVONIS PIDANA DI KABUPATEN KEPULAUAN MENTAWAI

Perspektif Hukum ◽

10.30649/phj.v1i1.138 ◽

2019 ◽

Vol 18 (1) ◽

pp. 129

Author(s):

Sari Dewi

Keyword(s):

Education Policy ◽

Employment Status ◽

Civil Servant ◽

Civil Servants ◽

Mentawai Islands ◽

The Status ◽

District Government ◽

Legal Consequences

Abstract : Civil servants are required to be obedient and obedient to the applicable invitation rules. Without prejudice to the provisions in the written-invitation rules, a civil servant who is convicted of a criminal sentence and must process employment regulations. There were 12 civil servants in Mentawai Islands District who were sentenced to different cases, but not all were disciplined. The imposition of disciplinary punishment on civil servants convicted was carried out by the Regent of Mentawai Islands based on recommendations from MPP. Of the 12 civil servants who were convicted, only 5 civil servants were sentenced to discipline.The legal consequences of the status of civil servants who are not sentenced are still active and receiving a full salary. This condition led to the payment of salaries of civil servants who were convicted not in accordance with the provisions. For officials related to Prince PNS, there are no further provisions that are not related to education policy, so as to enable the Mentawai Islands District government to make regional regulations and adjust MPP institutions and improve competencies, there must be a process needed so that every civil servant convicted certainty of employment status.

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Unregistered Polygamous Marriage of Civil Servants and its Implication for Wives’ Financial Problem, Social Fate and Loss of Children’s Welfare

International Journal of Early Childhood Special Education ◽

10.9756/int-jecse/v13i2.211067 ◽

2021 ◽

Vol 13 (2) ◽

pp. 312-318

Author(s):

Novita Dewi Masyithoh ◽

Sut eki ◽

Yuna nto ◽

Briliyan Ernawati ◽

Nur Hidayati

Keyword(s):

Government Regulation ◽

Participant Observation ◽

Civil Servant ◽

Civil Servants ◽

Financial Problem ◽

Economic Problems ◽

Main Requirement ◽

Polygamous Marriage ◽

The Government ◽

Depth Interviews

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.

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Penegakan Sanksi Terhadap Aparatur Sipil Negara yang Melakukan Pelanggaran Disiplin di Lingkungan Pemerintah Kota Denpasar

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.1.2210.196-203 ◽

2020 ◽

Vol 1 (1) ◽

pp. 196-203

Author(s):

Ni Luh Sandiani ◽

I Gusti Bagus Suryawan ◽

Ida Ayu Putu Widiati

Keyword(s):

Civil Servant ◽

Empirical Approach ◽

Civil Servants ◽

City Government ◽

Legal Sanctions ◽

Laws And Regulations

One of the problems faced by the Indonesian bureaucracy is the violation of discipline by Civil Servants. Therefore, Law No. 5 of 2014 concerning Civil Servantsand PP No. 53/2010 concerning Civil Servant Discipline. Based on this background, this research was conducted with the aim of outlining how the discipline of Civil Servants in Denpasar City Government based on Law No.5 / 2014 concerning ASN and PP No. 53/2010 concerning Discipline of Civil Servants and how to enforce legal sanctions for Civil Servants who commit disciplinary violations within the Denpasar City Government. This research was designed using an empirical approach. This research was conducted directly at the Denpasar City BKPSDM by conducting interviews with the Kasubid Discipline and the Denpasar City BKPSDM Award. The results of this study indicated that the regulation of Civil Servant discipline in the BKPSDM is clearly regulated in the Civil ServantLaw and PP No. 53/2010 concerning Discipline of Civil Servants, and enforcement of legal sanctions at the BKPSDM for ASN who commit violations of discipline are also guided by Law No. 5 of 2014 concerning ASN and PP No 53/2010 concerning Discipline of Civil Servants. These laws and regulations already have clear rules. The causes of discipline violations committed by Civil Servants are that Civil Servantsdo not understand the rules, the leadership does not act firmly, lack of inherent supervision (WASKAT), and lack of appreciation praise for subordinates.

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Reviewing the Policy of People with Disabilities Employment in Government Agencies

Jurnal Bina Praja ◽

10.21787/jbp.13.2021.245-256 ◽

2021 ◽

Vol 13 (2) ◽

pp. 245-256

Author(s):

Citra Dewie Puspitasari ◽

Bambang Shergi Laksmono

Keyword(s):

Local Governments ◽

People With Disabilities ◽

Civil Servant ◽

Civil Servants ◽

Government Agencies ◽

Persons With Disabilities ◽

Policy Content ◽

The Government ◽

The Right ◽

Technical Regulations

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.

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