scholarly journals PERLINDUNGAN HUKUM BAGI WARGA NEGARA DALAM PELAKSANAAN MUTASI PEGAWAI NEGERI SIPIL

Yuridika ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 254
Author(s):  
Muhammad Yassin
Keyword(s):  
Legal Protection ◽  
Civil Servant ◽  
Civil Servants ◽  
Government Employees ◽  
Contract Work ◽  
Healthy Working ◽  
Practice Transfer ◽  
The Right ◽  
Opportunities For Promotion ◽  
Employee Responsibilities

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.

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
Keyword(s):  
Minimum Wage ◽  
Government Regulation ◽  
Civil Servant ◽  
Civil Servants ◽  
Government Agencies ◽  
Government Employees ◽  
Normative Approach ◽  
Pension Income ◽  
Approach Method ◽  
The Right

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.

scholarly journals LEGAL PROTECTON OF WOMEN CIVIL CERVANTS OF GENDER DISCRIMINATION IN THE ERA OF REGIONAL AUTONOMY IN THE DISTRICT ADMINISTRATION SUMBAWA - WEST NUSA TENGGARA

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Syarif Dahlan
Keyword(s):  
Gender Discrimination ◽  
Legal Protection ◽  
Civil Servant ◽  
Civil Servants ◽  
Not Given ◽  
Regional Autonomy ◽  
Legal Structure ◽  
Close Relationship ◽  
The Law ◽  
District Administration

Aware of gender discrimintaion of women and students of women in different countries, so they protest and movement finally manage to do some conference that have produced Convention On The Elimination Of All Form Of Diskrimination Against Women   (CEDAW). Indonesia has ratified CEDAW with Law No. 7, 1984. But until now gender discrimination still occurs in all facets of life and society. One of them is a fimale civil servant in Sumbawa regency. Discrimination that has accurred not given the opportunity to accupy the fimale civil servant echelon-echelon II and III. In connection with the second echelon echelon II or III on Sumbawa Regency :      1) What are the forms of gender discrimination against fimale civil servants. 2) What factors are causing it, and 3) What is the form of legal protection against civil servants are women from gender discrimination. This study includes empirical legal research aims to determine the effectiveness of the law and the legal vacuum in the administration and management of government, particularly in women civil servants in positions echelon II or III. Dates collected were analyzed with descriptive analytic techniques. These form of discrimination against women in Sumbawa civil servants include marginalization and subordination, the factors that cause it was a mistake in the interpretation and implementation   gender equality, influence the understanding and application of Islamic teachings, political and cultural factors shame, geographical factors tough, close relationship with the ruling factor, factor in the civil servants streotif women and a heavier workload factor for women. Moderate forms of legal protection can be seen from the substance of the law, the legal structure and legal culture.

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

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.

scholarly journals Reviewing the Policy of People with Disabilities Employment in Government Agencies

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.

scholarly journals Regional Head’s Authority In Determining Mutation Of Government Employees

2020 ◽  
Vol 3 (1) ◽  
pp. 37-56
Author(s):  
Fahmi Kamuli ◽  
Tunggul Anshari ◽  
Istislam Istislam
Keyword(s):  
Civil Servant ◽  
Educational Background ◽  
Civil Servants ◽  
Political Interest ◽  
Government Employees ◽  
The Government

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. 

scholarly journals OCCUPATIONAL SAFETY AND HEALTH REGULATION AT THE LOCAL LEVEL–COMPARISON OF LEGAL SOLUTIONS IN SERBIA AND MONTENEGRO

2020 ◽  
pp. 193
Author(s):  
Aleksandra Ilić Petković ◽  
Vesna Nikolić ◽  
Dejan Vasović
Keyword(s):  
Occupational Safety ◽  
Local Level ◽  
Local Population ◽  
Legal Protection ◽  
Workplace Safety ◽  
Serbia And Montenegro ◽  
Safety And Health ◽  
Healthy Working ◽  
The Right

Employees in local self-government units perform tasks of immediate interest for the local population, and their workplace safety and health is an important factor for the effective implementation of all policies at the local level. Given that there is not much research on the safety and health of employees in local self-government units in Serbia and Montenegro, there is a need for the analysis of the protection provided by the applicable regulations in the countries of this part of Europe. The conducted research shows that the right to safe and healthy working conditions in local self-government units is governed by the regulations on workplace safety and health of those countries. It is desirable to improve the quality of legal protection which will contribute to the improvement of the workplace safety and health of these employees and will improve the quality of work in local self-governments.

ANALISIS PENILAIAN PRESTASI KERJA PEGAWAI NEGERI SIPIL DI BADAN KEPEGAWAIAN DAN PENGEMBANGAN SUMBER DAYA MANUSIA KABUPATEN BULUNGAN PROVINSI KALIMANTAN UTARA

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Patri Juari ◽  
Ayu Widowati Johannes
Keyword(s):  
Human Resources ◽  
Performance Appraisal ◽  
Human Resource Development ◽  
Human Resource ◽  
Resource Development ◽  
Civil Servant ◽  
Civil Servants ◽  
Work Behavior ◽  
Employment Agency ◽  
The Right

This study discusses "analysis of Civil Servant Performance Appraisal in Human Resources Agency and Human Resource Development of Bulungan District of North Kalimantan Province". The purpose of this research is to know and analyze the implementation of Performance Appraisal of Civil Servants, to know and analyze the factors inhibiting the implementation of Performance Appraisal of Civil Servants Employment Agency and Human Resource Development District Bulungan Province of North Kalimantan. This research uses qualitative method by exposing explorative with inductive approach. With data collection techniques are interviews, observation and documentation.Based on the results of observations the author after applying the apprentices concluded that, the implementation of Performance Appraisals of Civil Servants in Human Resources Agency and Human Resource Development District Bulungan Province of North Kalimantan has been done. But there are obstacles, namely where the lack of understanding of a small part of civil servants about the procedure peyusunan Work Objectives Employees and Work Behavior. Recommended recommendations are to provide socialization and consultation with the right target, regarding the preparation of Employee Work Goals and Work Behavior to civil servants who do not understand about the regulation Keyword: Civil Servant, Performance Appraisal, Human Resources

Peningkatan Profesionalisme Pegawai Negeri Sipil Dilihat Dari Sistem Rekrutmen Berbasis Kompetensi

2013 ◽  
Vol 10 (1) ◽  
pp. 49
Author(s):  
Muhammad Ridwan
Keyword(s):  
Human Resources ◽  
Human Resource ◽  
Resource Planning ◽  
Civil Servant ◽  
Civil Servants ◽  
Human Resource Planning ◽  
Vacant Position

Quality of human resources-civil servants, among others, which is determined by the recruitment processof seeking and finding HR activities-civil servant who has the motivation, ability, skills and knowledgerequired to carry out its duties in office. Organizational recruitment as human resource planning must becomprehensive programmed to be able to predict the needs of both quantity and quality as well asplanning professionals. Theoretically, many methods and selection techniques to evaluate applicantsaccording to a vacant position within the organizationKeywords: professionalism, recruitment, competence

Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

The Novel in English in Malaya and Singapore to 1950

2018 ◽  
Author(s):  
Tamara Wagner
Keyword(s):  
Nineteenth Century ◽  
East Asia ◽  
English Language ◽  
Joseph Conrad ◽  
Civil Servant ◽  
Civil Servants ◽  
East India Company ◽  
South East Asia ◽  
The Novel ◽  
English East India Company

This chapter looks at the representations of the former British Straits Settlements in English fiction from 1819 to 1950, discussing both British literary works that are located in South East Asia and English-language novels from Singapore and Malaysia. Although over the centuries, Europeans of various nationalities had located, intermarried, and established unique cultures throughout the region, writing in the English language at first remained confined to travel accounts, histories, and some largely anecdotal fiction, mostly by civil servants. English East India Company employees wrote about the region, often weaving anecdotal sketches into their historical, geographical, and cultural descriptions. Civil servant Hugh Clifford and Joseph Conrad are the two most prominent writers of fiction set in the British Straits Settlements during the nineteenth century; they also epitomize two opposing camps in representing the region.

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