Penyelesaian Sengketa Kepegawaian Berdasarkan Undang-undang Nomor 43 Tahun 1999 dari Aspek Hukum Kepegawaian dan Sistem Peradilan Administrasi

Lalu Ihsan
Panitera/Sekretaris Pengadilan Negeri Selong Kelas I B
Email: firzhal@yahoo.com

Abstract

This paper aims to look at the staffing dispute resolution pursuant to Act No. 43 of 1999 in terms of aspects of employment law and the system of Judicial Administration. Existence Personnel Advisory Board in the resolution of employment disputes, competency State Administrative Court and State Administrative High Court in the resolution of employment disputes and the status of the decision. Personnel Advisory Board and the position of the State Administrative Court judgment in the resolution of employment disputes. Normative legal research, analysis
departs from the laws that describe the legal aspects related to the employment dispute resolution. Approach (statute approach), a conceptual approach (conceptual approach the case approach). So that the position can be known BAPEK. Provide consideration to the president in the imposition of disciplinary punishment to the civil servants who are administratively BAPEK as body functioning decide administrative appeals filed by civil servants. Competence of the Administrative Court in the resolution of employment disputes, receive examine and decide disputes unrelated personnel by imposing rules violations Servants Discipline, and the dispute resolution employment appeal against the decision issued by the administrative court and BAPEK and Position decision BAPEK as Administrative Decision state that can be appealed to the judge’s decision Cosmos.

Keywords: Resolution, Employment Disputes and Justice System Administrations

Abstrak

Tulisan ini bertujuan untuk melihat penyelesaian sengketa kepegawaian berdasarkan Undang-Undang Nomor 43 Tahun 1999 ditinjau dari aspek hukum kepegawaian dan system Peradilan Administrasi. Eksistensi Badan Pertimbangan Kepegawaian dalam penyelesaian sengketa kepegawaian, kompetensi Peradilan Tata Usaha Negara dan Peradilan Tinggi Tata Usaha Negara dalam penyelesaian sengketa kepegawaian serta kedudukan putusan. Badan Pertimbangan Kepegawaian dan kedudukan putusan Peradilan Tata Usaha Negara dalam penyelesaian sengketa kepegawaian. Penelitian hukum yuridis normatif, berangkat dari analisis peraturan perundang-undangan yang menjelaskan tentang aspek-aspek hukum yang berkait dengan penyelesaian sengketa kepegawaian. Pendekatan (statute approach), Pendekatan konseptual (conseptual approach), Pendekatan kasus (case approach). Sehingga kedudukan BAPEK dapat diketahui. Pemberikan pertimbangan kepada presiden dalam penjatuhan hukuman disiplin kepada PNS yang secara administratif BAPEK sebagai badan yang berfungsi memutuskan upaya banding administratif yang diajukan oleh PNS.  Kompetensi PTUN dalam penyelesaian sengketa kepegawaian, menerima memeriksa, mengadili dan memutuskan sengketa-sengketa kepegawaian yang tidak berhubungan dengan penjatuhan pelanggaran aturan Disiplin Pegawai Negeri, dan dalam penyelesaian sengketa banding kepegawaian terhadap keputusan yang diterbitkan oleh BAPEK maupun PTUN dan  Kedudukan putusan BAPEK sebagai Keputusan Tata Usaha Negara yang dapat dimintakan banding ke tehadap keputusan hakim.

Kata Kunci : Penyelesaian, Kepegawaian dan Sistem Peradilan Administrasi

Penyelesaian Sengketa Kepegawaian Berdasarkan Undang-undang Nomor 43 Tahun 1999 dari Aspek Hukum Kepegawaian dan Sistem Peradilan Administrasi-full (PDF, 4MB)

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  117. Thanks a lot for the helpful write-up. It is also my belief that mesothelioma has an really long latency period, which means that signs of the disease won’t emerge until 30 to 50 years after the initial exposure to mesothelioma. Pleural mesothelioma, which is the most common sort and influences the area about the lungs, might cause shortness of breath, breasts pains, and a persistent coughing, which may produce coughing up our blood.

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  133. Thanks for your valuable post. In recent times, I have come to understand that the actual symptoms of mesothelioma cancer are caused by this build up connected fluid relating to the lining of your lung and the chest muscles cavity. The condition may start inside chest place and distribute to other parts of the body. Other symptoms of pleural mesothelioma cancer include losing weight, severe respiration trouble, fever, difficulty eating, and infection of the face and neck areas. It ought to be noted that some people living with the disease never experience any serious signs and symptoms at all.

  134. Thanks for your posting on the travel industry. I’d also like contribute that if you are one senior thinking of traveling, it really is absolutely essential that you buy travel cover for retirees. When traveling, older persons are at greatest risk of experiencing a health emergency. Obtaining right insurance policy package for the age group can look after your health and provide you with peace of mind.

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  149. Today, I went to the beach front with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is totally off topic but I had to tell someone!

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