PENGATURAN KENAIKAN PANGKAT PEGAWAI NEGERI SIPIL PENYESUAIAN IJAZAH (Sesuai Dengan Peraturan Pemerintah Nomor 12 Tahun 2002 Tentang Kenaikan Pangkat Pegawai Negeri Sipil)

2020 ◽  
Vol 17 (1) ◽  
pp. 71-86
Author(s):  
I Dewa Ketut Widana

Abstract The ability of the Civil Servants can be improved, one of which is through promotion according to the level of service and adjustment of the diploma obtained. In the general explanation of Government Regulation Number 12 of 2002 concerning Amendments to Government Regulation Number 99 of 2000 concerning Promotion of Civil Servants explained the promotion is an award given for the work performance and dedication of the concerned Civil Servants to the State. in addition, promotion is also intended as an encouragement to Civil Servants to further improve their work performance and service. Based on the background of the problem, the formulation of the problem in this study is as follows: how to regulate the promotion of Civil Servants based on diploma adjustments in accordance with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants and whether constraints in promotion through diploma adjustment are appropriate with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants. The type of research used in this study is normative legal research, meaning that the study in this study is based on legal philosophy, legal principles, and applicable legal norms relating to the regulation of promotion of civil servants based on diploma adjustments. This research used a statute approach, a historical approach and a conceptual approach. The conclusion of this study is the regulation of the promotion of Civil Servants based on diploma adjustments, given to Civil Servants who obtain Higher Learning Certificates / Diplomas that are higher than the diplomas used when applying to become Civil Servants. For example, candidates for Civil Servants when appointed as high school / senior high school civil servants, with rank / class II / a, after + 5 years of work obtain a S1 diploma, if adjusted for the diploma be the rank / class III / a Civil Servants. To obtain a higher rank / class of civil servants / or a level higher than the previous rank / class can be carried out if the diploma obtained is in accordance with the Job Job occupied by the civil servant, there is a formation in that place, has permission to study for those who continuing education and having fulfilled a minimum of 3 (three) years in service. Keywords: Promotion, Civil Servants and Diplomas

Author(s):  
Irfan Iryadi

After the enactment of Government Regulation Number 24 of 2016, the provisions regarding dual positions as civil servants become one of the substances regulated by this Government Regulation. The existence of these provisions has led to the blurring of norms over the head of sub-district’s position as temporary land deed officers in creating an authentic deed in the land sector. Based on this legal issue, this article was written with the aim of finding out the status of the head of sub-district’s position as temporary land deed officer and offering a concept that should be implemented when temporary land deed officer’s position is needed. The results showed that in Government Regulation Number 24 of 2016, there was no legal certainty in the formulation of the article as a result of the blurring of legal norms over officer assigned to the temporary land deed position. This obscurity can be seen from designation of the temporary land deed officer to the head of sub-district, where the head of sub-district is a State Administration Officer that is contrary to the land deed officer’s rules that prohibit land deed officer from being held by Civil Servants. The task of temporary land deed officer should be transferred to the head of village, since the head of village’s position has already been acknowledged and accommodated in the land deed officer’s rules as temporary land deed officer. This alternative is considered to provide more legal certainty and an ideal solution to the status of temporary land deed officer. Therefore, it is recommended to stakeholders in the land sector, on matters regarding the land deed officer, to conduct further assessment on this idea in order to be implemented in the assignment of temporary land deed officer in Indonesia. AbstrakPasca berlakunya Peraturan Pemerintah Nomor 24 Tahun 2016, aturan mengenai rangkap jabatan sebagai pegawai negeri menjadi salah satu substansi yang diatur Peraturan Pemerintah itu. Adanya ketentuan itu telah menimbulkan kekaburan norma atas kedudukan Camat sebagai PPAT Sementara dalam membuat akta otentik dibidang pertanahan. Bertolak dari isu hukum itu, artikel ini ditulis dengan tujuan untuk mengetahui status kekuatan kepastian hukum Camat sebagai PPAT Sementara dan menawarkan konsep yang seharusnya dilaksanakan dalam pemangkuan jabatan PPAT Sementara. Hasil penelitian menunjukkan bahwa dalam Peraturan Pemerintah Nomor 24 Tahun 2016 terdapat ketidakpastian hukum dalam rumusan pasalnya sebagai akibat adanya kekaburan norma hukum atas penyelenggaraan jabatan PPAT Sementara. Kekaburan itu terlihat dari penunjukan PPAT Sementara kepada Camat, dimana Camat merupakan Pejabat Tata Usaha Negara yang bertentangan dengan aturan Jabatan PPAT yang melarang PPAT diselenggarakan oleh Pegawai Negeri Sipil. Seharusnya pengembanan PPAT Sementara itu dialihkan kepada kepala desa, dimana keberadaan kepala desa itu juga diakomodasi dalam ketentuan jabatan PPAT sebagai PPAT Sementara. Hal itu dianggap lebih memberikan kepastian hukum dan merupakan solusi ideal dalam pemangkuan PPAT Sementara. Oleh sebab itu, disarankan kepada pemangku kepentingan dibidang pertanahan, khususnya di bidang PPAT agar dapat melakukan pengkajian atas gagasan ini untuk diimplementasikan terhadap pemangkuan jabatan PPAT Sementara di Indonesia.


2021 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Dian Eriani ◽  
Teuku Nazaruddin ◽  
Yusrizal Yusrizal

The authority of the Syar'iyah Court in the field of marriage has a lot of contact with the interests of women. The decisions made from these cases are expected to be able to fulfill women's rights in return for the perceived suffering. Has the Syar'iyah Court already played a role and function in its decisions and consideration has been gender responsiveness to protect women's rights. Specifically the rights of women arising from divorce, in the verdict and the rights of civil servants' wives due to divorce divorce. This study aims to determine the role of the Syar'iyah Court in protecting the rights of women in divorce through its decision. The method used is juridical normative with the conceptual approach and the statute approach. Data analysis uses a qualitative approach. After conducting research, the existence of legal innovations in the Syar'iyah Court and guided by Perma Number 3 of 2017 in protecting women's rights can be protected. The Syar'iyah Court has not yet fully given a concrete decision regarding women's rights as a result of divorced divorce by male civil servants. Judges' considerations are gender biased and have a patriarchal mindset, difficulty of execution due to the absence of structural relationship between the court and related institutions to be the reason for the judges to ignore Government Regulation Number 10 of 1983 as amended by Government Regulation Number 45 of 1990 concerning marriage licenses and divorce of civil servants civil. If the regulation has been ratified even though there is no structural relationship and order, the Judge is obliged to carry it out and that the Syar'iyah Court Judge in giving consideration must synergize between the divorce permit in filing the divorce request to court with the decision for civil servants


2021 ◽  
Vol 3 (1) ◽  
pp. 11-19
Author(s):  
Muhammad Akbar Fhad Syahril

Short messages in the form of advertisements are increasingly being accepted by the public through their cell phones. The public never specifically gave the phone number to the party sending the advertising message. This is considered to be even more annoying because the short message advertisement violates the principles of consumer protection. This study aims to determine and analyze the extent of privacy violations against the spread of spam information via short messages. This study uses the empirical normative method, namely research conducted with the approach of legal norms or substances, legal principles, legal postulates, and legal comparisons, using a conceptual approach. The results show that short messages in the form of offers that are not directly related to the services used by cellular subscribers must be a concern for customer convenience.


2021 ◽  
Author(s):  
Muh. Akbar Fhad Syahril

Short messages that are advertisements are increasingly being received by the public through their cell phones. In fact, the public has never specifically given the phone number to the party sending the advertising message. This is considered to be increasingly annoying because the short message advertisements violate the principles of consumer protection. This study aims to determine and analyze the extent of privacy violations against the spread of spam information via short messages. This study uses a normative juridical method, namely research conducted with an approach to legal norms or substance, legal principles, legal postulates and legal comparisons, using a conceptual approach. The results showed that short messages in the form of offers that are not directly related to the services used by cellular subscribers should be a concern for the convenience of customers.


Author(s):  
Jacobus Anakletus Rahajaan

Abstract This study aims to analyze the legality issues of siri marriages which have become polemic in the life of the people in Indonesia and their impact on women and children according to Indonesian marriage law, which is regulated according to Law Number 1 of 1974 concerning marriage. This study uses the type or type of Normative Legal research and library research, using the statutory approach, conceptual approach, and the comparative approach. This study uses these approaches because what is examined here is the rule of law and/or legislation relating to marital marriages. The research results are then analyzed and described qualitatively. The results of this study indicate that, Law Number 1 of 1974 concerning marriages is still ambiguous, there is a norm conflict between one article and another that causes confusion and differences in perception among the community that triggers polemics. So that through the results of normative juridical studies, this research concluded that based on legal principles and legal norms in Law No. 1 of 1974 concerning marriages along with other statutory regulations, Siri marriages are marriages that are considered illegal. Thus, this legal juridical illegitimate marriage will have a very detrimental effect on the parties, especially women and children who are bound in the marital relationship of Siri. Keywords: Legality, Siri Marriage  


2020 ◽  
Vol 1 (1) ◽  
pp. 108-124
Author(s):  
Raihani Raihani

The purpose of this study is to find the concept of the substance of the rules that do not harm the community from minor mistakes that are made repeatedly every day, without a good and clear solution, as well as the duties and roles of the Regional Government and related institutions in making it safe and comfortable for parking service users. in Kapuas Regency. The research carried out was normative legal research, namely research on the principles of law and the prevailing positive legal doctrine. performed analytically inductively. The process starts from premises in the form of known positive legal norms and ends with the discovery of legal principles and then doctrines. In this case, examining the legal norms in positive law using the statutory approach (Statute approach) which still needs to be rearranged, especially regarding the juridical consequences of the application of Kapuas District Regulation No. 2 of 2010 concerning Parking Service Retribution on the Side of Public Roads. In addition, this study uses a conceptual approach to examine existing problems by describing them as a comparison to the concepts contained in articles of legislation. Research Findings This is a business actor in the parking service business, both government-owned and private, who tries to shift the burden of responsibility to consumers for loss or damage to vehicles or consumer valuables in the parking lot managed by them. Of course this is contrary to Law No. 8 of 1999 concerning Consumer Protection.


2020 ◽  
Vol 19 (3) ◽  
pp. 810
Author(s):  
Sahat Maruli Tua Situmeang

The e-commerce transaction dispute resolution mechanism in PP PSME is considered inefficient and does not provide legal certainty for consumers and for business actors considering the existence of several similar regulations that have existed before. This study aims to determine that the implementation of PP. 80 of 2019 has added an alternative mechanism for e-commerce transaction dispute resolution which is actually considered convoluted, inefficient and does not provide legal certainty. Through the normative juridical research method, which is the aPProach to the problem by seeing, analyzing and interpreting theoretical matters concerning legal principles in the form of conceptions, statutory regulations, views, legal doctrines and related legal systems. In this study, the authors have the opinion that in an effort to realize legal certainty, legal simplification, legal unity and the realization of a fast, simple and low cost dispute resolution, it is necessary to make efforts to establish legal norms through reformulation of PP. 80 of 2019 concerning Trade Through Electronic Systems. Keywords: Electronic commerce; Legal certainty; Legal formation through legal reformulation.


2021 ◽  
Vol 006 (02) ◽  
pp. 28-34
Author(s):  
Parhan Parhan

This study aims to determine the headmaster's strategy to improve the work performance of Civil servant [administration department] at Pringgasela Senior High School. This research used the descriptive qualitative research method. The data in this study were obtained from interviews with informants and documentation. The data analysis was carried out in the following steps: data collection, data reduction, data presentation and drawing conclusions or verification (Miles and Huberman, 2014: 20). The results of this study stated that the headmaster's strategy to improve the work performance of civil servants in the administration department: Making disciplinary rules about working hours that must be on time. Building a spirit of togetherness through civil servants’ friends, superiors and subordinates, as well as communication, intimacy and mutual respect. Providing role models for all civil servants. The results of the headmaster's strategy show the work performance of civil servants [administration department] is classified good in providing services, however they have not provided satisfaction to: teachers, students or other related parties. As for the constraints faced when performing performance in providing services, by the Administrative Apparatus such as the lack of responsiveness of the Administrative Apparatus in understanding consumer psychology, the large amount of workload that is carried out in a little bit of time and the supporting infrastructure is inadequate and lack of personel.


Yuridika ◽  
2017 ◽  
Vol 32 (2) ◽  
pp. 333
Author(s):  
Sang Ayu Putu Rahayu

The main issues elaborated in this legal research are the legal principles of tender during a pre-contractual stage and the principles of contract law on Cooperation Contract known as Production Sharing Contract (PSC) based on Laws Number 22 Of 2001 Concerning Oil and Gas. The type of this research is normative study and the approach of this research are conceptual approach, statute approach, and case approach. There are two results in this research. Firstly, in the process of tender during a pre-contractual stage of Cooperation Contract, the principles of responsive competition, transparency and the principle of accountability must be applied. The principle of responsive competition is the most important to be implemented since the tender process produces a competition to get a working area. In addition, the tender process of Cooperation Contract is also related to the principles of transparency and accountability that plays to protectthe interests ofthe state and to get a competent contractor.Secondly, in formation and performance of the Cooperation Contract, the principle of proportionality sharing should be emphasized, especially when formulating the proportion of production sharing. Cooperation Contract is also related to the principle of transparency that plays an important role on state revenues from the upstream oil and gas business activities, because a transparent process will result in optimal outcomes. Finally, in Cooperation Contract, the principles of responsive competition, transparency, accountability, and the principle of proportionality sharing should be clearly stated in the rules and legal norms.


2018 ◽  
Vol 205 ◽  
pp. 00010 ◽  
Author(s):  
Haryono ◽  
Heri Triluqman Budisantoso ◽  
Edi Subkhan ◽  
Yuli Utanto

This research aims to analyze the implementation of learning quality assurance at school and develop its model based on the applied educational technology. The research unit of analysis encompassing several junior high school, senior high school and vocational school in Semarang, Kendal, and Kudus district. The research results (1) school had implemented the learning quality assurance including the planning, implementation, monitoring, and evaluating process, although the documentation is still desultory, (2) the learning quality assurance based on the applied educational technology had been developed as a reference to define (a) the scope of quality assurance at school, (b) the quality policy and quality assurance organization at school, (c) the standard of learning quality and its achievement strategy, and (d) the manual for learning quality and its instrument, and (3) the learning quality assurance based on the applied educational technology is worth implemented on the learning quality assurance process at school.


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