Publication Search

72,210 articles from 658 journals · 2,111 citations tracked

Showing 1-4 of 4

Analytics

Rabiatul Adawiyah; Suprapto Suprapto; Saprudin Saprudin; Kamran Azizli

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The enforcement of ethical codes within the civil service is a fundamental pillar for maintaining public trust and bureaucratic integrity. However, the implementation of disciplinary sanctions for Civil Servants (Aparatur Sipil Negara or ASN) in Indonesia currently faces significant challenges regarding fairness and consistency. (Problem) The core issue lies in the broad administrative discretion possessed by investigators (Tim Pemeriksa) under Government Regulation No. 94 of 2021, which often leads to subjective, legalistic, and disproportionate sanctioning without considering substantive justice. This study aims to analyze the weaknesses of the current sanction implementation mechanism and proposes a reconstruction of the investigators' authority based on the value of justice (Nilai Keadilan). Using a normative juridical approach and conceptual analysis, this research examines current regulations and compares them with the principles of Dignified Justice. The study finds that the current positivistic approach tends to ignore the human aspect and restorative potential of the sanctions. Consequently, a reconstructed model is proposed where investigators must integrate ethical deliberation and justice values into their examination process, ensuring sanctions are not merely punitive but also corrective and fair.

Majidah Pohan; Yasmirah Mandasari Saragih; Tamaulina Br. Sembiring

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

In order to achieve national goals, a State Civil Apparatus is required, this is regulated in Article 12 of Law no. 20 of 2023 states that: "ASN employees play the role of planners, implementers and supervisors of the implementation of general government tasks and national development through the implementation of professional policies and public services, free from political intervention, and free from practices of corruption, collusion and nepotism. Every ASN must have high abilities and qualities and be balanced with high work discipline. The level of employee discipline is seen from attendance which is calculated from coming and going home, dressing neatly, carrying out duties and obligations on time, and. not committing acts that violate the provisions of the Law. This research uses a type of empirical juridical research, namely research that is directly carried out by researching in the field and directly visiting the location that is the research material with the focus being field research research, we seek answers to the efforts of the Medan City Regional Civil Service Agency in implementing sanctions for State Civil Service Employees who violate the rules regarding work discipline. Research findings show that there are still state civil servants in the Medan City Education Office who commit disciplinary violations, including minor, moderate and serious violations. In its implementation, enforcement of sanctions against State Civil Apparatus in the Government Area of ​​the Medan City Education Service is carried out according to established rules. These regulations are stated in Law Number 5 of 2014 concerning State Civil Apparatus and Regulation of the Mayor of Medan, North Sumatra Province No. 58 of 2023. The mechanism includes that if there is a violation, the ASN will be summoned. The summons is intended to carry out an inspection process by the Examination Team. After the examination is carried out and the mistake is proven, the ASN concerned is sentenced to punishment as regulated in Article 7 paragraph (1) of the government regulation, consisting of three levels of disciplinary punishment, including light disciplinary punishment consisting of an oral warning , a written warning and a statement of dissatisfaction. in writing. The type of moderate disciplinary punishment consists of postponing periodic salary increases for one year, postponing promotions for one year, and demotion to a lower level for one year. Meanwhile, the types of severe disciplinary punishment consist of demotion to a lower level for three years, transfer in order to be demoted to a lower level, release from office, honorable dismissal not at one's own request as an ASN, and dishonorable dismissal as a State Civil Apparatus.

Bungasia Bungasia; Fadlan Fadlan; Darwis Anatami; Erniyanti Erniyanti; Soerya Respationo

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Discipline of the State Civil Apparatus has been regulated in Law of the Republic of Indonesia Number 20 of 2023 concerning the State Civil Apparatus. In this regulation, the State Civil Apparatus consists of Civil Servants and Government Employees with Employment Agreements who are appointed by civil service development officials and entrusted with duties in a government position or entrusted with other state duties and are given income based on statutory regulations. The purpose of this regulation is intended to serve as a guideline in enforcing State Civil Service Discipline. However, the reality in the field is that violations of State Civil Apparatus Discipline, especially at SMAN 15 Batam, still occur frequently and repeatedly. This research aims to find out how the law regulates the enforcement of discipline towards State Civil Apparatus in the SMAN 15 Batam environment, how the implementation of law enforcement regarding the application of discipline towards the State Civil Apparatus in the SMAN 15 Batam environment and the obstacles faced by SMAN 15 Batam in enforcing discipline against State Civil Apparatus and alternative problem solving in the form of rewards and punishments. The research method used is a qualitative method with a normative and empirical juridical approach that analyzes statutory regulations relevant to the discipline of the State Civil Service. The data sources for this research were obtained from secondary data and primary data. Primary data was collected through interviews and observations, while secondary data was obtained from previous literature, books, journals and case studies. The results of the research show that so far the process of imposing punishment has only taken the form of a verbal warning delivered directly by the school principal. Verbal warnings are a form of light disciplinary punishment. Verbal warnings are given by considering the background of the Civil Servant disciplinary violation and the impact of the violation. Based on these results, the suggestion put forward is that it is hoped that all State Civil Servants will increase awareness of ASN discipline as well as understand and carry out obligations and avoid prohibitions in accordance with applicable laws and regulations. State civil servants must be more responsible for themselves and in carrying out ASN duties so that the objectives of ASN discipline can be realized well. For example, arriving at school early to avoid unexpected obstacles. In the future, enforcement of discipline in the State Civil Service must really be carried out properly and the process of imposing punishments must be stricter against perpetrators of violations of discipline by the State Civil Service so that it can provide a deterrent effect for undisciplined ASN.    

Eufrasia Elisabeth Abong Making; Yohanes G. Tubahelan; Detji K.E.R Nuban

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The purpose of this study was to analyze the enforcement of civil servant discipline and in the office of the staffing agency and regional human resource development of Lembata Regency. The results showed that (a) The application of disciplinary sanctions against civil servants at the Office of the Civil Service Agency and Regional Human Resources Development of Lembata Regency is applied to civil servants who do not comply with Government Regulation Number 94 of 2021 concerning Civil Servant Discipline as stated in Government Regulations article 4 and article 5 and Regent Regulation Number 86 of 2022 in article 4 and article 5 concerning guidelines for implementing the enforcement of State Civil Apparatus discipline within the Lembata Regency Government; (b) External and internal obstacles occur in Lembata Regency which greatly affect the level of discipline of civil servants so that it is necessary to increase human resources and also SOPs in the process of enforcing discipline in Lembata Regency. The author's suggestions (a) there is a need for increased discipline. The author assesses the steps and procedures taken to enforce the discipline of civil servants as government officials in Lembata Regency based on data from the Lembata Regency Regional Personnel and Human Resources Development Agency in accordance with existing regulations starting from the stage of summoning coaching and imposing disciplinary sanctions, but in enforcement it often experiences obstacles that make the enforcement process often hampered (b) The factors that cause obstacles in the implementation of civil servant discipline in Lembata Regency are, still low awareness of employees to act and be disciplined in carrying out their duties.