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All Journal Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Nurika Falah Ilmania
Hukum Pidana Islam, Fakultas Syariah dan Hukum, Universitas Islam Negeri Sunan Ampel Surabaya
Law, Crime, Criminology & Criminal Justice

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PRINSIP DUE PROCESS OF LAW DALAM MENJAMIN PERLINDUNGAN HUKUM BAGI PESERTA SELEKSI CALON PEGAWAI NEGERI SIPIL (STUDI PUTUSAN PENGADILAN NOMOR 2/G.2021.PTUN.JBI) Nurika Falah Ilmania
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i2.13310

Abstract

In Indonesia, the recruitment of civil servant candidates is highly sought after by the public, as evidenced by the enthusiasm of the public during the opening of civil servant candidate registration. The administrative selection process up to the competency-based selection process is clearly regulated under Law Number 5 of 2014 on the Civil Service. Despite the existing regulations, it cannot be denied that cases still occur, one of which is reflected in Court Decision Number 2/G/2021/PTUN.JBI. The purpose of this research is to determine the legal regulations regarding the prohibition of civil servant candidates from engaging in practical politics and the legal protection for civil servant candidates against Court Decision No. 2/G/2021/PTUN.JBI. The research method used is normative legal research, employing a legislative approach, a conceptual approach, and a legislative approach, utilizing primary and secondary legal materials. Civil servant candidates and civil servants retain the right to vote in elections as part of their rights as citizens, but this right is limited to casting votes and does not extend to involvement in practical political activities. In the case of civil servant candidates involved in Court Decision No. 2/G/2021/PTUN.JBI, there is a repressive legal protection measure, namely that civil servant candidates have the right to pursue legal action through an administrative objection filed with the Administrative Court. The basic principle is that participants in the selection process should not suffer losses due to administrative errors made by the committee, as the state is obliged to guarantee legal certainty and justice for every citizen
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