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Radjab, Abi Ma’ruf
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Education Law, Crime, Criminology & Criminal Justice

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KEKUATAN MENGIKAT PUTUSAN AJUDIKASI OMBUDSMAN DALAM PROSES PENYELESAIAN SENGKETA PELAYANAN PUBLIK Radjab, Abi Ma’ruf
Veritas et Justitia Vol. 1 No. 2 (2015): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v1i2.1696

Abstract

Based on the regulations as arranged in the Public Service Law, in case of legal disputes or lawsuits concerning public service, the settlement can be reached in two ways, namely by mediation and adjudication of a verdict, and secondly, this legal effort can be made or initiated by a so-called Ombudsman. The adjudication process subsequently yields a verdict or sentence that is bound to lead to contradiction as the Ombudsman is not a legal institution and this is not a quasi-administrative judicial process either, for the outcome of the Ombudsman’s investigation comes in the shape of a mere recommendation, and this cannot be regarded as a proper verdict pronounced by an official judge. Based on the regulations as stated in the Public Service Law and the Ombudsman Law as well as the regulations for their execution the adjucatory verdict reached by the Ombudsman, the force of this binding decision or sentence cannot be considered final and binding as such because it only qualifies as a recommendation. Given the fact that the judicial verdict made by the Ombudsman in the settlement of lawsuits regarding Public Service comes in the shape of a recommendation, further legal efforts can be made in accordance with the existing regulations whose mechanism is similar to that of administrative appeals that culminate in imposing sanctions and publication in the media to expose the case in question.
MUTASI: BENTUK SANKSI DI BIDANG KEPEGAWAIAN? Cahyadini, Amelia; Radjab, Abi Ma’ruf; Pinky, Chyntia
Veritas et Justitia Vol. 6 No. 1 (2020): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v6i1.3425

Abstract

In the civil servant management system, developed on the basis of merit system, any official can be at any time be transferred, promoted or demoted.  In practice this option may and have often been misused as tool in office politics to remove troublesome civil servant. From the civil servant’s perspective, the options open are either comply or decline the standing order and face the consequence of disciplinary sanction.  This article shall discuss, using a legal/juridical normative method, legal aspects of this management tool. The aim is to propose a guidance for civil servants on how to deal with orders of transfer or motion/demotion.
KEKUATAN MENGIKAT PUTUSAN AJUDIKASI OMBUDSMAN DALAM PROSES PENYELESAIAN SENGKETA PELAYANAN PUBLIK Radjab, Abi Ma’ruf
Veritas et Justitia Vol. 1 No. 2 (2015): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v1i2.1696

Abstract

Based on the regulations as arranged in the Public Service Law, in case of legal disputes or lawsuits concerning public service, the settlement can be reached in two ways, namely by mediation and adjudication of a verdict, and secondly, this legal effort can be made or initiated by a so-called Ombudsman. The adjudication process subsequently yields a verdict or sentence that is bound to lead to contradiction as the Ombudsman is not a legal institution and this is not a quasi-administrative judicial process either, for the outcome of the Ombudsman’s investigation comes in the shape of a mere recommendation, and this cannot be regarded as a proper verdict pronounced by an official judge. Based on the regulations as stated in the Public Service Law and the Ombudsman Law as well as the regulations for their execution the adjucatory verdict reached by the Ombudsman, the force of this binding decision or sentence cannot be considered final and binding as such because it only qualifies as a recommendation. Given the fact that the judicial verdict made by the Ombudsman in the settlement of lawsuits regarding Public Service comes in the shape of a recommendation, further legal efforts can be made in accordance with the existing regulations whose mechanism is similar to that of administrative appeals that culminate in imposing sanctions and publication in the media to expose the case in question.
MUTASI: BENTUK SANKSI DI BIDANG KEPEGAWAIAN? Cahyadini, Amelia; Radjab, Abi Ma’ruf; Pinky, Chyntia
Veritas et Justitia Vol. 6 No. 1 (2020): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v6i1.3425

Abstract

In the civil servant management system, developed on the basis of merit system, any official can be at any time be transferred, promoted or demoted.  In practice this option may and have often been misused as tool in office politics to remove troublesome civil servant. From the civil servant’s perspective, the options open are either comply or decline the standing order and face the consequence of disciplinary sanction.  This article shall discuss, using a legal/juridical normative method, legal aspects of this management tool. The aim is to propose a guidance for civil servants on how to deal with orders of transfer or motion/demotion.
Co-Authors Amelia Cahyadini Pinky, Chyntia