scholarly journals ANALISIS YURIDIS MASA KERJA PADA PEGAWAI PEMERINTAH DENGAN PERJANJIAN KERJA

2021 ◽  
Vol 14 (2) ◽  
pp. 149-159
Author(s):  
Arief Dwi Adyatma
Keyword(s):  
Research Methods ◽  
Good Governance ◽  
The State ◽  
Time Limit ◽  
Legal Certainty ◽  
Government Employees ◽  
Work Time ◽  
Government Regulations ◽  
Maximum Work ◽  
The Government

The purpose of this study is to determine the legal certainty of tenure in government employees with a work agreement. This research uses normative research methods that are oriented towards statutory and conceptual rules. Through this research, the researcher offers that the tenure of government employees with a work agreement is not explicitly regulated in Law no. 5 of 2014 concerning the State Civil Apparatus. Problems arise because of the absence of a work time limit rule in the work agreement in the State Civil Apparatus Law. This problem is in the form of unclear how long the maximum work agreement will end. As a legal state, legal certainty is very important. The government should immediately stipulate implementing regulations after the promulgation of laws and regulations so that legal certainty can be achieved. Implementing regulations such as Government Regulations, Ministerial Regulations, Presidential Decrees, or others. Legal certainty if achieved can create justice, and vice versa justice that is created also shows the existence of legal certainty. This thinking reflects good governance and the functioning of the country in good conditionKeyword: government; legal certainty, working period AbstrakTujuan penelitian ini yaitu mengetahui kepastian hukum masa kerja pada Pegawai Pemerintah Dengan Perjanjian Kerja. Penelitian ini menggunakan metode penelitian normatif yang berorientasi pada aturan perundang-undangan dan konseptual. Melalui penelitian ini peneliti menawarkan bahwa masa kerja Pegawai Pemerintah Dengan Perjanjian Kerja tidak diatur secara tegas di dalam Undang-Undang No. 5 Tahun 2014 tentang Aparatur Sipil Negara. Muncul permasalahan karena tidak adanya aturan batas waktu masa kerja dalam perjanjian kerja dalam Undang-Undang Aparatur Sipil Negara.  Permasalahan ini berupa tidak jelasnya sampai kapan maksimal perjanjian kerja ini akan berakhir. Sebagai negara hukum kepastian hukum sangatlah penting. Pemerintah seharusnya segera menetapkan peraturan pelaksana setelah diundangkannya pertaruran perundang-undangan agar kepastian hukum dapat tercapai. Peraturan pelaksana seperti Peraturan Pemerintah, Peraturan Menteri, Keppres, atau lainnya. Kepastian hukum bila dicapai dapat menciptakan keadilan, begitu juga sebaliknya keadilan yang tercipta juga memperlihatkan adanya kepastian hukum. Pemikiran ini mencerminkan pemerintahan yang baik dan guna berjalannya negara dalam keadaan baik.

scholarly journals General Principles of Good Governance in Indonesia: What are The Legal Bases?

2019 ◽  
Vol 15 (1) ◽  
pp. 1-8
Author(s):  
M. Zamroni
Keyword(s):  
Welfare State ◽  
Public Service ◽  
General Principle ◽  
Good Governance ◽  
The State ◽  
Legal Basis ◽  
Legal Certainty ◽  
Government Administration ◽  
The Government ◽  
The Welfare State

The concept of a welfare state starts from many typical countries, namely the Police State (Polizei Staat), the State of Formal Law (Liberal) and the State of Material Law (Welvaarstaat / welfare state). The Police State and the Welfare State are considered as extreme forms of legal state because the State Police is the beginning of the Law State. Welfare State is a type of legal state that is considered current. The Principles of Good Governance were born during the development of the Welfare State. This study reveals the legal basis of the General Principles of Good Governance of several regulations. The results show that the general principle of good governance is currently regulated comprehensively in regulation in Indonesia. The regulation includes 1) Act Number 28 of 1999 on State Implementation of the Clean and Free from Corruption, Collusion and Nepotism 2) Act Number 9 of 2004, concerning the Amendment to Indonesian Act Number 5 of 1986 on Administrative Courts Country 3) Act Number 25 of 2009 on Public Service 4) Act Number 30 of 2014 concerning Government Administration. As a modern country, general principles of good governance is the spirit for the implementation of the government administration of the Indonesian Republic, especially in the context of the implementation of clean governance based on expediency, justice, and legal certainty.

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

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.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals Pengaruh Audit Internal dan Akuntabilitas Suber Daya Manusia terhadap Perwujudan Good Governance pada Lembaga SKK Migas

2015 ◽  
Vol 5 (1) ◽  
pp. 93
Author(s):  
Latifah Latifah ◽  
A. Rinto Pudyantoro
Keyword(s):  
Human Resources ◽  
Oil And Gas ◽  
Good Governance ◽  
Internal Audit ◽  
Sampling Technique ◽  
The State ◽  
Survey Method ◽  
Special Unit ◽  
The Republic ◽  
The Government

<p>Special Unit for Upstream Oil and Gas Business Activities (SKK Migas) is an institution established by the Government of the Republic of Indonesia through Presidential Regulation (Perpres) No. 9 of 2013 on the Management of Upstream Oil and Gas Business Activities. The task of SKK Migas is to manage the upstream oil and gas business activities based on cooperation contracts. The purpose of the establishment of this institution so that retrieval of natural resources of oil and gas owned by the State can provide maximum benefit and acceptance for the state to the greatest prosperity of the people. Based on these tasks and objectives, SKK Migas is responsible to the state and all Indonesian people to work properly, honestly, fairly, cleanly, transparently and competently in order to achieve good governance of state institutions. Therefore, internal monitoring (internal audit) and accountability of its human resources are required. This research has a purpose to test the influence of internal audit and human resource accountability to the achievement of good governance at SKK Migas institution. This research uses survey method with population of all staffs of SKK Migas. Sampling method used is sampling with purposive sampling technique. In this study, 145 samples were taken. Methods of data collection was done by using questionnaires containing several questions with the method of data analysis using multiple regression. The result of this research is to accept both hypothesis which is internal audit have positive effect toward the achievement of good governance in SKK Migas. And the accountability of human resources positively affect the achievement of good governance in SKK Migas.</p>

scholarly journals Kebijakan Online Single Submission sebagai E-Government dalam Mewujudkan Good Governance di Indonesia

2021 ◽  
Vol 23 (1) ◽  
pp. 71
Author(s):  
Rahmi Ayunda ◽  
Nertivia Nertivia ◽  
Laode Agung Prastio ◽  
Octa Vila
Keyword(s):  
Information Technology ◽  
Research Methods ◽  
Industry 4.0 ◽  
Good Governance ◽  
Government Information ◽  
Legal Research ◽  
Reform Era ◽  
The Public ◽  
Science Technology ◽  
The Government

Based on the history before the reform era, there have been many cases of government committing corruption, collusion and nepotism, this is the background of the movement to create a government to run good governance. As time has progressed, the time has come for a time that is all full of digitalization, both in the economy, education and politics. This research uses normative legal research methods. This study shows that the government in running its government will also be based on the development of sophisticated information technology which can be called E-Government. Therefore, there is now a time when the Indonesian government has used and allowed the Online Single Submission (OSS) system to make it easier for people who want to take care of business licensing. The implementation of good governance during the Industry 4.0 Revolution can take advantage of science, technology and information to provide good facilities and services to the Indonesian people, and the public can easily access government information.

scholarly journals KEPAILITAN BUMN YANG DIMOHONKAN ATAS DASAR HAK – HAK BURUH YANG TIDAK DIPENUHI

2019 ◽  
Vol 3 (1) ◽  
pp. 53-70
Author(s):  
Ardini Octaviarini
Keyword(s):  
Public Interest ◽  
The State ◽  
Labor Rights ◽  
Legal Certainty ◽  
Severance Pay ◽  
Control Regulation ◽  
State Owned Enterprise ◽  
The Law ◽  
The Government ◽  
A Company

BUMN are private corporate entities so that the laws governing Manpower are applicable to Law 13 of 2003. Therefore, the normative rights set forth in Law No. 13 of 2003 must be met by companies for their workers. These normative rights are, among others, when the Bankrupt Company, ie, a one time severance pay under the provisions of Article 156 Paragraph 2, severance pay for a one-time stipulation of Article 156 paragraph 3 and compensation pay pursuant to paragraph 156 4. Where there is labor rights is not fulfilled by a state-owned enterprise, workers may file for bankruptcy in the company, in its qualification as a Preferen creditor. Based on the research, the state-owned enterprises should be clearly stated in a company to protect the company's existing components in case of Bankruptcy, if the State participates, there must be at least 51% of the shares therein, so that the control, regulation and controlling functions performed the government is clear that the company's goals are achieved. It is necessary to have the same meaning / meaning as the state-owned enterprise which is engaged in public interest. Because of Article 2 paragraph 5 of Law No. 37 of 2004 with the explanation is not in line. Article 2 paragraph 5 of the Law on Bankruptcy refers to state-owned enterprises in the field of public interest, while in the explanation states that state-owned all state-owned capital and not divided into shares. Between the contents of the article and the explanation is not synchronized, then the provisions should be mentioned directly Perum, in order to achieve legal certainty.  

The Principle of Properness

2019 ◽  
pp. 99-110
Author(s):  
Henk Addink
Keyword(s):  
Good Governance ◽  
Legal Certainty ◽  
International Human Rights ◽  
Abuse Of Power ◽  
Natural Justice ◽  
Human Rights Treaties ◽  
History Of ◽  
Legitimate Expectations ◽  
International Human ◽  
The Government

In general, the (sub)principles of properness have (in most countries) the longest history of the six principles of good governance. These principles were developed because the traditional formal approaches to legality were too narrow for adequate control of the government. These principles were often developed by the judiciary as unwritten principles, as well as by the ombudsman or as policy principles in policy papers. Several of these principles have been codified in the laws of different countries. In many countries, the process of codification of unwritten norms is at a different stage, but the foundations of these principles are often comparable. Different courts developed a rather sophisticated way of protecting the rights of individuals: sometimes by developing unwritten principles or by having a more extensive interpretation of the law. The lines of development of the principles of properness were illegality, irrationality, and then impropriety. The following step was the specification of (sub)principles, such as equality, legal certainty, carefulness, and motivation. Each of these categories was specified by means of a principles-based approach and a rights-based review. This development sometimes went faster under the influence of international human rights treaties. However, the innovation of judicial review went through by formal and material principles. In the principles of properness, we distinguish the following elements: formal carefulness (hearing as part of natural justice), abuse of power (abuse of discretion), rationality (substantial carefulness), proportionality, legal certainty, legitimate expectations, and equality and reasoning.

The Rule of Law and Good Governance

2019 ◽  
pp. 75-90
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Common Law ◽  
The State ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Judicial Control ◽  
The Common ◽  
The Government ◽  
Continental Tradition

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.

An Overview of Good Governance

2019 ◽  
pp. 15-24
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Government

Good governance is needed because of legislative gaps, prevention of corruption, maladministration, and mismanagement, and fragmentation of administrative law norms. The concept of good governance has been developed in addition to aspects which can already be found in the rule of law and democracy concepts but are also related to the institutional framework of the government. The term ‘government’ is used for all the powers in the state; the administration is only one of these powers. These powers must fulfil certain norms, principles which sometimes are unwritten and developed by the judiciary or the ombudsman but more and more codified in the frame of the general (administrative) legislation. All the institutions of the government are involved in the development of these principles of good governance. There is not only a separation between the powers of the state, but more and more there are interactions between these powers in the development of principles of good governance and, hence, there is a balance between these principles. Therefore, there are different producers and sources of good governance.

Government, Governance and Good Governance

2018 ◽  
Vol 64 (1) ◽  
pp. 122-130 ◽  
Author(s):  
Ninad Shankar Nag
Keyword(s):  
Open Economy ◽  
Liberal Democracy ◽  
Good Governance ◽  
The State ◽  
Legitimate Authority ◽  
Universal Model ◽  
Local Constraints ◽  
The People ◽  
Shared Space ◽  
The Government

It is proposed that government, being the tangible expression of the legitimate authority within an organised society, has undegone a long transformational journey since its very emergence. The various evolutionary forms and features of the government have been the product of its meaningful and viable responses to the changing expectations of the people as well as to the challenges they faced in an ever-changing environment. The exclusive domain of the state over the period became a shared space with inclusion of other actors and stakeholders, and an era of governance was ushered in since the 1980s. The much celebrated success of the liberal democracy and its market-led open economy heralded as an era of good governance. However, the universal model of good governance fails to take into account the local constraints of a society. Thus, the idea of good governance has to face various types of challenges in the developing as well as underdeveloped societies.

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