Open AccessPENYELESAIAN SENGKETA KEPEGAWAIAN AKIBAT PENJATUHAN HUKUMAN DISIPLIN
Author(s) -
Ade Kosasih
Publication year - 2018
Publication title -
jurnal ilmiah mizani : wacana hukum, ekonomi dan keagamaan/jurnal ilmiah mizani
Language(s) - English
Resource type - Journals
eISSN - 2656-9477
pISSN - 2355-5173
DOI - 10.29300/mzn.v4i2.1015
Subject(s) - lawsuit , law , arbitrariness , political science , administrative law , state (computer science) , administrative court , punishment (psychology) , discipline , business , law and economics , sociology , psychology , computer science , philosophy , linguistics , algorithm , social psychology
An understanding of the rights and efforts that civil servants can take in facing employment disputes arising from the imposition of disciplinary punishment of civil servants, needs to be improved in order to avoid the act of arbitrariness (or willekeur) or action beyond the authority (ultra vires) conducted by the organ of state administrative office. The mechanisms and stages of dispute resolution in the field of personnel, has a variety of channels based on disciplinary violations committed, types of sentences handed down, and the level of position of officials who are authorized to punish. These channels, some through the Administrative Objections and Administrative Appeals. If only through Administrative Objection, then the next stage is the filing of a lawsuit to the State Administrative Court, whereas if the stages are through Administrative Appeals, the first level lawsuit shall be submitted to the Administrative High Court as a first instance court.