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

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.

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

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.

scholarly journals BENTUK-BENTUK DUKUNGAN SOSIAL PADA PEGAWAI NEGERI SIPIL MENJELANG MASA PENSIUN

2015 ◽  
Vol 2 (2) ◽  
Author(s):  
Ni Kadek Widhi Dwi Sekarsari ◽  
Luh Kadek Pande Ary Susilawati
Keyword(s):  
Social Support ◽  
Government Regulation ◽  
Phenomenological Approach ◽  
Civil Servant ◽  
Civil Servants ◽  
Information Support ◽  
Financial Health ◽  
State Apparatus ◽  
Age Limits ◽  
The Government

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

scholarly journals Analisis Maqashid Syari’ah Jasser Auda Terhadap Izin Perkawinan dan Perceraian Bagi Pegawai Negeri Sipil

2019 ◽  
Vol 7 (1) ◽  
pp. 35-58
Author(s):  
Fawait Syaiful Rahman
Keyword(s):  
Research Methods ◽  
Government Regulation ◽  
Sufficient Conditions ◽  
Civil Servant ◽  
Civil Servants ◽  
Marriage And Divorce ◽  
Library Research ◽  
History Of ◽  
The Government ◽  
Religious Courts

Abstract: Marriage under the provisions contained in the classical books of men who wish to have more than one wife, there is no requirement as regulated in the provisions of Government Regulation No. 45 of 1990 amendment to Government Regulation No. 10 of 1982 concerning Marriage and Divorce Permits Civil Servants, five sufficient conditions for the prospective wife, prospective husband, guardian, two witnesses, and sighat. While civil servants in the PP Article 4 Paragraph 1 men who want to have polygamy should seek permission from their superiors and Religious Courts. According to the researcher need to do re-analysis with appropriate methodology and precisely because the Government Regulation concerning state law order, in order to find whether Government Regulation Number 45 Year 1990 concerning Permit of Marriage and Divorce of Civil Servant have expediency or vice versa. For that the researcher chose Maqashid al-Shari'ah Jasser Auda as a knife of analysis in this study. This study aims to test empirically the variables that have been formulated in the formulation of the problem, namely reveal the history of birth PP. No. 45 Th. 1990 amendment of PP. No. 10 Th. 1983 on the marriage and divorce of civil servant, the application of the theory of Maqashid al-Shari'ah Jasser Auda to the PP. No. 45 Th. 1990, and analyzed the PP. No. 45 Th. 1990 amendment of PP. No. 10 Th. 1983 on marriage permit and divorce of civil servants with the theory of Maqashid al-Shari'ah Jasser Auda. Research Methods with Approach and Type of Research is a qualitative approach oriented to the statutory approach (Statute Aproach) with the type of research Library (library research). Methods of data collection using documentation, and data analysis using descriptive - inductive.

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

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 of  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.

scholarly journals Analysis of Employee Discipline Implementation in the Regional Secretariat of North Central Timor District

2020 ◽  
Vol 10 (2) ◽  
pp. 373
Author(s):  
Johanes Eudes Manuel Atolan Soares ◽  
Wiliam Djani ◽  
Lenny Magdalena Tamunu
Keyword(s):  
Decision Making ◽  
Government Regulation ◽  
Civil Servant ◽  
Civil Servants ◽  
Regional Government ◽  
Government Regulations ◽  
North Central ◽  
Analysis Techniques ◽  
Employee Discipline ◽  
The Government

AbstractIn connection with the work discipline of the state civil apparatus, the Government issued a regulation regarding employee discipline which contains obligations, prohibitions and sanctions for employees who violate. This regulation was made with the aim of improving the professionalism of civil servants, ensuring order, and the smooth execution of duties and accelerating decision making in the event of disciplinary violations of Civil Servants (PNS), as stipulated in Government Regulation Number 53 of 2010 concerning Civil Servant Discipline ( Civil servants). To improve discipline for the Civil Servants (PNS) of North Central Timor Regency, since 2013 the Regional Government has implemented the mandate set out in Government Regulation Number 53 of 2010. However, in its application there are still many employees who are not disciplined in their work. This research is intended to analyze and describe the implementation of Government Regulation No. 53/2010 concerning Civil Servant Discipline at the Regional Secretariat of Timor Tengah Utara Regency. This study uses descriptive qualitative methods and data analysis techniques Milles and Huberman. The results of the study show that the Civil Servants in the Regional Secretariat of North Central Timor Regency in terms of PNS discipline have not been optimal and the level of discipline of Civil Servants is still very low which is evidenced by the level of violations and the imposition of disciplinary sentences of Civil Servants year and the dominant types of violations were committed, namely moderate to serious violations. As for other problems, namely the lack of socialization related to PNS discipline at the Regional Secretariat of North Central Timor Regency based on Government Regulation number 53 of 2010, Lack of understanding of Civil Servants of existing regulations due to lack of interest in reading civil servants to applicable regulations, and lack of assertiveness and courage by the leadership. OPD in imposing disciplinary sanctions for Civil Servants who commit violationsKeywords : Work Discipline, government regulations (PP No 53/ 2010).       

scholarly journals THE PHENOMENON OF POLYGAMY OF CIVIL SERVANTS (PNS) IN AL MAQASHID AL SHARIA PERSPECTIVE: ANALYSIS STUDY OF GOVERNMENT REGULATION NO 45 OF 1990 IN KONAWE SOUTHEAST SULAWESI

2021 ◽  
Vol 26 (1) ◽  
pp. 75
Author(s):  
Ipandang Ipandang
Keyword(s):  
Government Regulation ◽  
Islamic Law ◽  
Research Question ◽  
Qualitative Approach ◽  
Civil Servants ◽  
Research Focus ◽  
The Government ◽  
Depth Interviews ◽  
Perspective Analysis ◽  
Participatory Observation

This article described the constitutional prohibition for female Civil Servants (PNS) to get marry polygamically which is contained in the Government Regulation No 45 of 1990 in terms of the objectives of Islamic law (Al-Maqashid Al-Syariah). Civil servants as the subjects of this research are the civil servants in Konawe, Southeast Sulawesi. Based on the research focus, the research question was how was Al-Maqasid Al-Syariah on the implementation of Government Regulation No 45 of 1990 regarding the prohibition for female civil servants to become a second wife or more in Konawe? This research used a qualitative approach, while the data collection techniques used in-depth interviews, participatory observation, and documentation. This research found that from the perspective of Al-Maqashid Al-Syariah female civil servants in Konawe, Southeast Sulawesi including their children tend to experience disadvantages. The preservation of religion, soul, mind, property, and offspring will not be fully maintained and fulfilled. It means that the harm of a polygamous family is more significant than its benefit. Therefore, female civil servants are more likely to build polygamous families when they are forced to.

scholarly journals HARMONISASI REGULASI KEPEMILIKAN TANAH PERTANIAN SECARA ABSENTEE BAGI PEGAWAI NEGERI DALAM PROGRAM LANDREFORM

2019 ◽  
Vol 26 (2) ◽  
pp. 281
Author(s):  
Yunizar Wahyu Tristanto
Keyword(s):  
Land Reform ◽  
Government Regulation ◽  
Agricultural Land ◽  
Agricultural Soils ◽  
Land Ownership ◽  
Civil Servants ◽  
Start Time ◽  
The Government ◽  
Legal Subjects ◽  
And Control

Peoples needs can not be separated from the need of land . Once the importance of soil functions for society , need to be regulated in order to ensure the mastery and utilization at the same time in order to create legal certainty for the public . The problem that then arises since the start time of independence is disproportionate land ownership . In order to overcome these problems , the government has enacted Law No. 5 of 1960 About the Agrarian and the Reformation has been set TAP MPR No. IX / MPR / 2001 on Agrarian Reform and Natural Resources Management . One important aspect of the law with the enactment of the UUPA is a program of Landreform in Indonesia . Landreform became one of the alternatives for agrarian justice to resolve agrarian disputes and conflicts . one of the land reform program is the prohibition of absentee ownership of agricultural land. The problem that then occurs is the existence of exceptions in absentee land ownership . The problems regarding the permissibility of absentee ownership of agricultural land by the Servants . The exception contained in Article 3 Paragraph (4) of Government Regulation No. 224 of 1961 on the implementation of Land Distribution and Provision of Compensation. Ownership and control of agricultural soils in absentee in Article 10 Paragraph (1) UUPA is basically prohibited, but in Article 3 Paragraph (4) PP No. 224 years 1961, the government granted an exemption absentee ownership of agricultural land to some legal subjects of the Servant , retired civil servants , widows and widows of civil servants retired civil servants.

scholarly journals Gender Equality in the Promotion of Civil Servants Services in the Government of West Java Province

2020 ◽  
Vol 2 (1) ◽  
pp. 45-61
Author(s):  
Sri Hartati ◽  
Nurliah Nurdin ◽  
Tjahya Supriatna ◽  
Ismail Nurdin ◽  
Dedeh Maryani
Keyword(s):  
Gender Equality ◽  
Civil Servants ◽  
Multiple Roles ◽  
Work Behavior ◽  
West Java ◽  
Internal Factors ◽  
Analysis Technique ◽  
The Government ◽  
Depth Interviews ◽  
Structural Positions

This study aims to analyze gender equality in the promotion of structural positions in the Government of West Java Province. This research design uses qualitative methods with data collection techniques in the form of in-depth interviews and documentation studies. While the research analysis technique is done by data reduction, data presentation, and conclusion drawing. The results of the study concluded that gender equality in the promotion of structural positions in West Java Province had not been realized optimally because the competency, qualifications, and work behavior of female civil servants are considered lower than men. Various servants faced by female civil servants for good promotion internal factors, namely the dual role and lack of motivation of women to progress, also obstacles to external factors stemming from the family, community, and organizational culture that are not gendered responsive. In addition to competence, qualifications, and work behavior, other considerations were found for the promotion of the position of a female civil servant, namely: multiple roles, type of work and location of assignments; this made women less likely to get strategic position promotions.  

scholarly journals Kewenangan Gubernur Dalam Mengatur Cuti Melahirkan Kaitannya Dengan Pemberian Asi Eklsusif di Aceh

2018 ◽  
Vol 2 (2) ◽  
pp. 200-215
Author(s):  
Taufiq Akbar ◽  
Mahdi Syahbandir ◽  
Mujibussalim Mujibussalim
Keyword(s):  
Exclusive Breastfeeding ◽  
Government Regulation ◽  
Civil Servants ◽  
The Government

Dalam Pasal 28 ayat (3), Peraturan Gubernur Nomor 49 Tahun 2016 tentang Pemberian Air Susu Ibu Ekslusif, menjelaskan Cuti melahirkan bagi PNS, PPPK atau Tenaga Honorer/Kontrak perempuan sebagaimana dimaksud pada ayat (1) huruf a, diberikan 6 (enam) bulan setelah waktu melahirkan untuk pemberian ASI Eksklusif. Ketentuan tersebut pada dasarnya bertentangan dengan peraturan perundang-undangan khususnya Pasal 325 ayat (3) Peraturan Pemerintah Nomor 11 Tahun 2017 tentang Manajemen Pegawai Negeri Sipil, yang menjelaskan “lamanya cuti melahirkan sebagaimana dimaksud pada ayat (1) dan (2) adalah 3 (tiga) bulan. Tujuan dari penelitian ini untuk menjelaskan dan menganalisis kewenangan Gubernur Aceh dalam mengatur pemberian ASI ekslusif dikaitkan dengan Peraturan Pemerintah tentang Cuti bagi PNS. Kemudian, untuk menjelaskan dan menganalisis akibat hukum terhadap penerapan Peraturan Gubernur Aceh Nomor 49 Tahun 2016 tentang Pemberian Air Susu Ibu Ekslusif dikaitkan dengan Peraturan Pemerintah tentang Cuti bagi PNS. In 2006, the Governor of Aceh has issued the Governor Regulation Number 49, 2016 on the Provision of Exclusive Breastfeeding. In Article 28 (3) of the Governor Regulation Number 49, 2016 on the Provision of Exclusive Breastfeeding states that Break for Officials who are giving birth, PPPK or contracting staffs/ladies as mentioned in verse (1) point a is granted for 6 (six) months aftr giving birth for providing exclusive breasfeeeding. The rules are basically against the existing rules especially the Government Regulation Number 11, 2017 on the Mangement of Civil Servants. This research aims to explain and analyze the authority of the Governor of Aceh in regulating exclusive breastfeeding in relation to the Government Regulation on break for civil servants. Later, it is also going to explain and analyze the legal effects on the application of the Governor of Aceh Regulation Number 49, 2016 on Exclusive Breastfeeding in relation to the Government Regulation on Break for Officials.

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.

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