The Dilemma in Neutralizing the State Civil Apparatus (ASN) and Alternative Solutions

Sihaloho, Nahot Tua Parlindungan; Herlan, Herlan

doi:10.21787/jbp.12.2020.213-224

Cited by 4 publications

(4 citation statements)

References 14 publications

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“…It has resulted in many civil servants who think that to achieve a high career ladder, they must contribute to regional officials or heads' success. Whereas in the regulations, promotion and placement of State Civil Apparatus (ASN) should not be implemented based on personal relationships (impersonal) but based on considerations of achievement and competence (merit system) (Sihaloho & Herlan, 2020). Both elements are interpreted more detail by the judge as the element "every official of the country, official of region, official civil state apparatus, member of Indonesia Force/Police, and Village Chief or in other term/Headman", means that "civil state apparatus" as Article 1 number 1 Indonesia Constitution number 5 year 2014 about Civil Servant is profession for Civil Servant and government officer with employment agreement to work in government institution, so it means "official civil state apparatus" is a Civil Servant that has position in government institute where he/she works and in charge (Suharizal, 2011).…”

Section: Methodsmentioning

confidence: 99%

A Criminalization of Civil Servant in Case of Neutrality Violations in a Regional Head Election

Maharani

Rusdiana

2022

IJCLS

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This study aims to validate and analyze the accuracy of sentencing the the defendant as the head of the service in fulfilling the elements of the legal subject as a Civil Servant, as well as legal proof of the defendant's actions which are considered beneficial or detrimental to one of the candidate pairs. Legal research with normative juridical, as well as statutory, case, and conceptual approaches and analyzed prescriptively. The accuracy of sentencing the the defendant in Decision Number 147/Pid.Sus/2018/PN.Sdr regarding legal subjects is based that the Panel of a judge s interprets ASN holding certain positions in government as ASN. The judge's considerations did not refer to the Civil Servant Law and the the defendant was a High Pratama Official, belonging to an Echelon 2 position, and this was based on the theory of a criminal responsibility that the actions taken by the the defendant were a burden of personal responsibility not the responsibility of the position. It has nothing to do with the main duties and official functions as Head of the Social, Civil and Population Registration Service, and not as a legitimate job order task. Legal proof of the the phrase "favorable" or "detrimental" to one of the Candidate pairs is inappropriate, because it is not based on the benefit or harm is a formal offense so it does not need to be proven because there is a potential loss and at the same time the theory of economics analysis of law on the principle of optimization, proving cost-benefit analysis, the principle of balance, and the principle of efficiency.

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Section: Methodsmentioning

confidence: 99%

A Criminalization of Civil Servant in Case of Neutrality Violations in a Regional Head Election

Maharani

Rusdiana

2022

IJCLS

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“…According to Ferza and Aulia (2020) and Kabullah et al (2020) Direct regional head elections (Pilkada) open space for political dowry transactions, while campaign finance regulations are still problematic. Sihaloho and Herlan (2020) stated that from the report of the State Civil Apparatus Commission there were violations of neutrality by the State Civil Apparatus in the Regional Elections during the 2015-2018 period. A study conducted by Rienks (2023) shows Dutch voters punish parties whose politicians show incompetence or are involved in incidents of corruption.…”

Section: Overview Of Corruption Cases In Regional Governmentmentioning

confidence: 99%

The Role of Investigation Audit for the Calculation of State Losses in Governor Corruption Cases Handled by the Corruption Eradication Commission for 2013-2022 Period

2023

J. Bina Praja

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Since the Corruption Eradication Commission (KPK) was established in 2003-2022, KPK has handled 20 Governors involved in corruption cases. This study took a sample of 10 governors, or 50% of the number of governors handled by the Corruption Eradication Commission, taking into account the availability of court decision data on the Supreme Court website and population representation from 2013 to 2022. A total of six governors were convicted on charges of bribery-receiving corruption related to local budget management. In handling these cases, it is necessary to calculate state losses by the BPK RI auditors due to the acts of corruption committed. Law Number 15 of 2004 and Law Number 15 of 2006 emphasize the need to examine state financial losses in corruption cases to determine the amount of state losses. These two provisions are not yet binding on Corruption Eradication Commission investigators to ask the Audit Board of the Republic of Indonesia to calculate state financial losses because it is considered that the provisions for requesting an audit are not strictly regulated in Law Number 31 of 1999. This requires harmonization of the regulations governing acts of corruption with those governing the calculation of state losses. Analysis of the charges against the court decision indicates that the calculation of state financial losses by the Audit Board of the Republic of Indonesia (BPK RI) or Finance and Development Supervisory Agency (BPKP) is not used in determining the real and definite amount of state financial losses. The judge fully relied on the amount of bribes received or the amount of corruption enjoyed by the defendant in the indictment as a loss to the state, which must be returned as replacement money. In the indictment, there was no argument for using bribes received as losses to the state, which is an obligation to return to recover the said state losses regulated in Law Number 1 of 2004.

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“…Increased supervision also needs to be carried out by the Civil Service Commission (Komisi Aparatur Sipil Negara/KASN) so that the implementation of the merit system can be optimal (Chariah., Ariski., Nugroho., & Suhariyanto, 2020). A study by Sihaloho and Herlan (2020) emphasised the need to expand the Civil Service Commission's authority (KASN) to impose sanctions on violators of bureaucratic neutrality. Leadership commitment and consistency in implementing merit system policies are the determining factors (Suryanto & Darto, 2020).…”

Section: B Literature Reviewmentioning

confidence: 99%

Dynamics of Bureaucratic Neutrality Policy in Indonesia

Indiahono

2022

j. borneo adm.

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This research reveals the dynamics of relations between civil servants and political parties in Indonesia from the Old Order, the New Order to the Reform Era. This study is an important effort to observe the dynamics of civil servants and political parties in Indonesia and create social learning contributions for the betterment of the country. A qualitative research method with secondary data/literature study was selected. The literature study examined policy documents related to bureaucratic neutrality in the Old Order, New Order, and Reform Era. The study data were collected through documentation, including data from papers related to bureaucratic neutrality in the periods above. The study shows that the idea of bureaucratic neutrality had been initiated since the Old Order, disappeared during the New Order, and was reborn in the Reform Era. The challenge of bureaucratic neutrality was the pull of political parties in the parliamentary system during the Old Order, the power of bureaucracy to be the political supporters of the rulers during the New Order, and the contestation of presidential and regional head elections in the Reform Era, which often tests bureaucratic neutrality

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The Dilemma in Neutralizing the State Civil Apparatus (ASN) and Alternative Solutions

Cited by 4 publications

References 14 publications

A Criminalization of Civil Servant in Case of Neutrality Violations in a Regional Head Election

A Criminalization of Civil Servant in Case of Neutrality Violations in a Regional Head Election

The Role of Investigation Audit for the Calculation of State Losses in Governor Corruption Cases Handled by the Corruption Eradication Commission for 2013-2022 Period

Dynamics of Bureaucratic Neutrality Policy in Indonesia

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