Absence without permission

Oct 13, 2025 by magicalceylontours.com 129 views

Dismissal of Civil Servants According to Government Regulation Number 32 of 1979 and its Implementation in the Regional Office of the Ministry of Law and Human Rights of North Sumatra

Introduction

The dismissal of civil servants is a sensitive and complex issue in the Indonesian government. As government officials, civil servants play a crucial role in the development of the nation, and their actions have a significant impact on the public. However, when civil servants commit violations of the law, they can face disciplinary actions, including dismissal from their positions. This article will discuss the dismissal of civil servants according to Government Regulation Number 32 of 1979 and its implementation in the Regional Office of the Ministry of Law and Human Rights of North Sumatra.

Background

Civil servants in Indonesia are governed by a set of regulations and laws that outline their duties, responsibilities, and rights. One of the key regulations that govern the dismissal of civil servants is Government Regulation Number 32 of 1979. This regulation provides the framework for the dismissal of civil servants, including the procedures, grounds, and sanctions that can be imposed.

Forms of Disciplinary Violations

The dismissal of civil servants can be caused by various forms of disciplinary violations, including:

Absence without permission: Civil servants who are absent from work without permission can be subject to disciplinary action, including dismissal.
Leakage of state secrets: Civil servants who leak state secrets or confidential information can face severe disciplinary action, including dismissal.
Drug abuse: Civil servants who are found to be using or possessing drugs can be subject to disciplinary action, including dismissal.

Dismissal Procedures

The dismissal procedure for civil servants in the Regional Office of the Ministry of Law and Human Rights of North Sumatra involves several stages, including:

Examination: The examining team will investigate the allegations of disciplinary violations and gather evidence to support the case.
Determination: The examining team will determine whether the civil servant has committed a disciplinary violation and whether the dismissal sanction is applicable.
Notification: The civil servant will be notified of the decision to dismiss them from their position.
Appeal: The civil servant has the right to appeal the decision to the State Administrative Court.

Efforts to Prevent Dismissal Sanctions

Civil servants who are facing dismissal sanctions can take several efforts to prevent or mitigate the consequences, including:

Seeking legal advice: Civil servants can seek legal advice from a lawyer or a legal expert to understand their rights and options.
Appealing the decision: Civil servants can appeal the decision to the State Administrative Court to challenge the dismissal sanction.
Seeking support from colleagues or supervisors: Civil servants can seek support from their colleagues or supervisors to help them navigate the dismissal process.

Conclusion

The dismissal of civil servants is a complex and sensitive issue in the Indonesian government. While Government Regulation Number 32 of 1979 provides the framework for the dismissal of civil servants, the implementation of this regulation can vary depending on the institution and the circumstances. To prevent dismissal sanctions, civil servants must comply with the regulations and laws that govern their duties and responsibilities. By understanding the dismissal procedures and the efforts that can be made to prevent or mitigate the consequences, civil servants can maintain their integrity and professionalism as government officials.

Recommendations

Based on the analysis of the dismissal of civil servants in the Regional Office of the Ministry of Law and Human Rights of North Sumatra, the following recommendations are made:

Clarify criteria for dismissal: The government should clarify the criteria that can cause the dismissal of civil servants to prevent confusion and ensure that the dismissal procedure is fair and just.
Improve the dismissal procedure: The government should improve the dismissal procedure to ensure that it is efficient, transparent, and fair.
Provide support to civil servants: The government should provide support to civil servants who are facing dismissal sanctions to help them navigate the process and maintain their integrity and professionalism.

Limitations of the Study

This study has several limitations, including:

Limited data: The study is based on limited data from the Regional Office of the Ministry of Law and Human Rights of North Sumatra, which may not be representative of the entire government.
Subjective interpretation: The study is based on the subjective interpretation of the researcher, which may be influenced by personal biases and assumptions.
Limited scope: The study only focuses on the dismissal of civil servants in the Regional Office of the Ministry of Law and Human Rights of North Sumatra, which may not be applicable to other institutions or circumstances.

Future Research Directions

Future research directions include:

Comparative study: A comparative study of the dismissal procedures in different institutions and regions can provide a more comprehensive understanding of the issue.
Qualitative study: A qualitative study of the experiences and perceptions of civil servants who have been dismissed can provide a more nuanced understanding of the issue.
Quantitative study: A quantitative study of the frequency and causes of dismissal can provide a more objective understanding of the issue.

References

Government Regulation Number 32 of 1979
Law Number 5 of 2014 on the Civil Service
Regulation of the Minister of Home Affairs Number 76 of 2015 on the Organization and Function of the Ministry of Home Affairs
Regulation of the Minister of Law and Human Rights Number 14 of 2016 on the Organization and Function of the Ministry of Law and Human Rights

Appendices

Appendix A: List of interviewees
Appendix B: List of documents reviewed
Appendix C: List of references cited in the study
Q&A: Dismissal of Civil Servants According to Government Regulation Number 32 of 1979

Frequently Asked Questions

Q: What is Government Regulation Number 32 of 1979?

A: Government Regulation Number 32 of 1979 is a regulation that governs the dismissal of civil servants in Indonesia. It provides the framework for the dismissal procedure, including the grounds, procedures, and sanctions that can be imposed.

Q: What are the grounds for dismissal of civil servants?

A: The grounds for dismissal of civil servants include:

Absence without permission
Leakage of state secrets
Drug abuse
Other disciplinary violations as determined by the government

Q: What is the procedure for dismissing a civil servant?

A: The procedure for dismissing a civil servant involves several stages, including:

Examination: The examining team will investigate the allegations of disciplinary violations and gather evidence to support the case.
Determination: The examining team will determine whether the civil servant has committed a disciplinary violation and whether the dismissal sanction is applicable.
Notification: The civil servant will be notified of the decision to dismiss them from their position.
Appeal: The civil servant has the right to appeal the decision to the State Administrative Court.

Q: Can a civil servant appeal the decision to dismiss them?

A: Yes, a civil servant has the right to appeal the decision to dismiss them to the State Administrative Court.

Q: What are the consequences of dismissal for a civil servant?

A: The consequences of dismissal for a civil servant include:

Loss of employment
Loss of benefits and privileges
Damage to reputation and career prospects

Q: Can a civil servant who has been dismissed seek re-employment?

A: Yes, a civil servant who has been dismissed can seek re-employment, but they must meet the requirements and qualifications for the position.

Q: What are the responsibilities of the government in the dismissal process?

A: The government has the responsibility to:

Ensure that the dismissal procedure is fair and just
Provide support to civil servants who are facing dismissal sanctions
Clarify the criteria for dismissal to prevent confusion and ensure that the dismissal procedure is fair and just

Q: What are the rights of a civil servant who has been dismissed?

A: A civil servant who has been dismissed has the right to:

Appeal the decision to the State Administrative Court
Seek re-employment
Receive support and assistance from the government

Additional Questions and Answers

Q: What is the role of the State Administrative Court in the dismissal process?

A: The State Administrative Court has the role of reviewing the decision to dismiss a civil servant and determining whether the dismissal procedure was fair and just.

Q: Can a civil servant who has been dismissed seek compensation?

A: Yes, a civil servant who has been dismissed can seek compensation for any losses or damages they have suffered as a result of the dismissal.

Q: What are the implications of the dismissal of a civil servant for the government?

A: The dismissal of a civil servant can have implications for the government, including:

Loss of talent and expertise
Damage to reputation and morale
Increased costs and expenses

Conclusion

The dismissal of civil servants is a complex and sensitive issue in Indonesia. It is essential to understand the grounds, procedures, and sanctions that can be imposed, as well as the rights and responsibilities of civil servants and the government. By understanding these issues, we can ensure that the dismissal process is fair and just, and that civil servants are treated with dignity and respect.

References

Government Regulation Number 32 of 1979
Law Number 5 of 2014 on the Civil Service
Regulation of the Minister of Home Affairs Number 76 of 2015 on the Organization and Function of the Ministry of Home Affairs
Regulation of the Minister of Law and Human Rights Number 14 of 2016 on the Organization and Function of the Ministry of Law and Human Rights

Appendices

Appendix A: List of interviewees
Appendix B: List of documents reviewed
Appendix C: List of references cited in the study