Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Jurnal Cita Hukum
Bucaktepe, Adil
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
An Evaluation of Exceptional Civil Service Bucaktepe, Adil; Coşkun Mert, Nilüfer
Jurnal Cita Hukum Vol. 13 No. 2 (2025): Summer Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i2.41581

Abstract

The Constitution of the Republic of Türkiye states that every Turkish citizen has the right to enter public service and that, in recruitment to the service, there will be no discrimination other than those features required by the position. The Constitution also states that civil servants and other public officials will perform the primary and permanent duties of public service, and that their qualifications, appointments, duties, powers, rights, and obligations will be regulated by law. In this framework, the legal status of civil servants is regulated by the Civil Servants Law no.657. According to this law, those wishing to be appointed to the civil service must meet general and specific conditions, in addition to passing the civil service entrance examination. However, the Civil Servants Law introduced some different regulations for exceptional civil service. The exceptional civil servant positions are listed as restrictions in Article 59. Accordingly, regardless of the provisions for predicted appointments, examination results, staff progression, and promotion grades, appointments can be made to exceptional positions, of which there are a great many, such as parliamentary and ministerial civil servants, some specialists and specialist assistants, ministerial advisers, private secretary directorates, embassy and consulate personnel, and members of the Supreme Council for Religious Affairs.  This provision may be used for purposes other than those for which it was intended. Therefore, subjecting the appointment of civil servants to objective criteria will both eliminate this possibility and ensure the provision of public services of the required quality and sufficiency.
The Rights of Leave of Absence of Civil Servants Bucaktepe, Adil
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.37929

Abstract

Civil officials have several rights conferred by the Constitution as well as by laws and regulations to facilitate the successful execution of their responsibilities. These rights encompass the entitlement to the appointment, provision of service and security, retirement, resignation, the ability to initiate a complaint or legal action, the formation of a trade union, collective bargaining, leave from employment, special considerations in prosecution and trial, protection against accusations and defamation, as well as the right to remuneration and travel expenses. This paper will succinctly examine the overarching rights of federal servants and will thoroughly analyze the "right to leave." Article 50 of the Constitution of the Republic of Turkey ensures employees' entitlement to a day off, while statutory regulations govern paid weekly and annual leave as well as official holidays. Furthermore, Article 23 of the Government Servants Law No. 657 mandates that government servants are entitled to leave under conditions and durations prescribed by law, enabling them to take leave for rest or other purposes. Within this framework, the legislation governs five types of leave: yearly leave, special leave, sick leave, compassionate leave, and unpaid leave. This study employs a qualitative methodology encompassing two primary approaches: a literature review and a legal analysis. The literature review is conducted by examining several academic sources, books, and journals pertinent to the rights of civil servants, particularly the right to quit. This analysis examines the evolution of leave-related rules and regulations across various international contexts and their implementation in Turkey. The legal framework is employed to examine the statutes and regulations pertaining to the rights of government servants in Turkey, encompassing Article 50 of the Constitution and Law No. 657. This article assesses the alignment between legal theory and practice on the right to leave. The study's findings indicate that, despite the legal promise of leave for federal personnel, its execution frequently encounters challenges, particularly concerning the duration and requisite administrative conditions. This paper presents an extensive analysis of government servants' leave rights in Turkey and proposes enhancements for the execution of this right to promote equity and well-being among civil servants.
Co-Authors Coşkun Mert, Nilüfer