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Reciprocal Policy Reformulation of Placement of TNI and Polri in Certain Civilian Positions Eka Deviani; Daffa Ladro Kusworo; Karmilla Febbiazka; Marlia Eka Putri A.T.
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.3095

Abstract

The State Civil Apparatus (ASN) Law, which was just passed in parliament on October 3, has sparked polemics. This regulation allows the TNI and Polri to fill ASN positions within civil institutions, as outlined in Article 19. ASN positions consist of managerial positions and non-managerial positions. The explanation of the article states that the filling of TNI and Polri positions by ASN and vice versa aims to ensure that ASN, TNI and Polri soldiers have balance and equality in their career development based on the Merit System. This provision in principle contradicts the restriction efforts that have been regulated in the Polri Law and TNI Law. Article 28 Paragraph (3) of the Polri Law explicitly states that Polri members can hold positions outside the police after resigning or retiring from the police service. Article 47 Paragraph (1) of the TNI Law also regulates that soldiers can only hold civilian positions after resigning or retiring from active military service. Thus, the government should reassess and reformulate articles that are counterproductive. In the research conducted by the current author, normative research or doctrinal research and empirical juridical research are used. The main types of data in this research are primary data and secondary data. Data analysis is carried out qualitatively, namely the process of organizing and sorting data into patterns, categories, and one basic description, so that it can be formulated in accordance with the research objectives (substantive theory). This research also conducts comparative theory with other countries' concepts in limiting civilian positions for the TNI and Polri. The urgency of this research is to critically examine the reciprocal policy for the placement of certain civilian positions between TNI soldiers and Polri members with State Civil Apparatus (ASN) employees, which is interpreted as an accelerated expansion of job opportunities, but has implications for the staffing system and civilian militarization in Indonesia in projection.
Sosialisasi Upaya Perlindungan Hukum Atas Hak-Hak Pasien dan Tenaga Medis di Puskesmas Sukamaju Kota Bandar Lampung Eka Deviani; Yuniati, Ati; Kusworo, Daffa Ladro; Febbiazka, Karmilla
Nemui Nyimah Vol. 3 No. 2 (2023): Nemui Nyimah Vol.3 No.2 2023
Publisher : FT Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/nm.v3i2.67

Abstract

Health law essentially provides legal certainty and protection, both for providers of health services and for recipients of health services, requiring a dynamic health law. For example, such as health workers who commit errors or negligence in carrying out their profession may be subject to disciplinary action determined by the Health Workers Disciplinary Council (Jo: Article 54 paragraphs 1 and 2 of Law No.23 of 1992 concerning health Jo. P No.32 of 1996 concerning health workers). Based on the results of a social approach to several communities in the inpatient health center of Sukamaju Village, East Bay Betung Subdistrict, Bandar Lampung City, they have never known the existence of Law No.36 of 2009 concerning Health, and do not understand about health services, patient protection, environmental health, health provision regulated in Law No.36 of 2009 concerning Health, so in this case socialization is needed as an effort to instill knowledge about the legal protection they have as patients. The methods considered relevant to achieve the above objectives are the lecture method and the discussion method, which are methods used to convey material about Law No.36 of 2009 concerning Health. The results showed that an understanding of the rights of patients and medical personnel in accordance with applicable legal procedures makes the community know what rights can be received based on the legal procedures in force.