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All Journal Journal Equity of Law and Governance
Putri Eka Ramadhani
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Law, Crime, Criminology & Criminal Justice

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Analysis of Ptun Decision No: 59/G/2021/Ptun-Mdn Regarding the Lawsuit Against the Regent of Deli Serdang Over the Dismissal of Asn: Siyasah Qadhaiyyah Perspective Nurhasanah; Putri Eka Ramadhani
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.1.10318.142-147

Abstract

This research analyzes the decision of the Medan State Administrative Court (PTUN) Number: 59/G/2021/PTUN-MDN regarding the Deli Serdang Regent's lawsuit regarding the dismissal of the State Civil Apparatus (ASN) from a siyasah qadhai yyah perspective. Analysis from the siyasah qadhaiyyah perspective is interesting because it can provide insight into how the principles of justice and governance in Islam can be related to modern administrative justice practices. Concepts such as regional al-mazalim (courts to deal with official injustice), the principle of trust in leadership, and the concept of substantive justice in Islam will be analytical frameworks that enrich our understanding of this case. The method used in this research is normative juridical, namely a legal research method carried out by reviewing library materials or secondary data. Data collection techniques were carried out through literature study and data analysis using qualitative descriptive methods. In a broader context, this case also reflects the dynamics of the relationship between regional government and ASN in the era of regional autonomy. This raises questions about the extent to which decentralization of power can affect the protection of ASN's rights and how a system of checks and balances can be implemented effectively at the regional government level. This article aims to analyze the PTUN decision not only from the perspective of Indonesian positive law, but also from the perspective of siyasah qadhaiyyah in Islamic law.
Juridical Analysis of the Decision of PTUN Number: 93/G/2019/PTUN-MDN concerning Disrespectful Dismissal and the Application of the Non-Rectoractive Principle in the Perspective of Fiqh Siyasah Akhyar Khairandi Munthe; Putri Eka Ramadhani
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.5.2.10497.134-141

Abstract

This research analyzes the Decision of the State Administrative Court (PTUN) Number 93/G/2019/PTUN-MDN, which relates to cases of dishonorable dismissal of employees and the application of the non-retroactive principle. This research uses a normative juridical approach to evaluate how the PTUN applies the principle of non-retroactivity in the context of administrative law and the principles of administrative justice. This research aims to examine the suitability of PTUN decisions with the principles of administrative law and non-retroactive principles and to evaluate these decisions from the perspective of Fiqh Siyasah, namely public law in Islam. This research aims to examine the suitability of PTUN decisions with the principles of administrative law and non-retroactive principles and to evaluate the decision from the perspective of Fiqh Siyasah, namely public law in Islam. A normative juridical approach is used to analyze the relevant legal norms and the principles of Fiqh Siyasah applied in the decision. This research assesses the application of the non-retroactive principle in the context of employee dismissal and how PTUN decisions are in accordance with the principles of justice and legal certainty. PTUN Decision Number 93/G/2019/PTUN-MDN shows the correct application of the non-retroactive principle, namely that administrative actions such as dishonorable dismissal must be based on the regulations in effect at the time the action was carried out, not the regulations in effect afterwards. Implementation of this principle protects employee rights and ensures certainty
Co-Authors Akhyar Khairandi Munthe Nurhasanah