Pemberhentian Tidak Dengan Hormat Aparatur Sipil Negara (ASN) Ditinjau Dari Prespektif Teori Keadilan

Gunawan, Boy (2022) Pemberhentian Tidak Dengan Hormat Aparatur Sipil Negara (ASN) Ditinjau Dari Prespektif Teori Keadilan. Masters thesis, Universitas Islam Riau.

Text 191022152.pdf - Submitted Version Download (3MB)

Abstract

In the view of justice it is said that justice is a granting of equal rights but not equality. distinguishing equal rights according to proportional rights. Equal rights are seen by humans as a unit or the same container. This is what can be understood that all people or every citizen before the law is the same. Proportional equality gives each person what is due according to his abilities and achievements. Every citizen wants to get equal justice in law, equality in law is a form of justice. The task of the State is to create laws that are not discriminatory to its citizens. Equality before the law means that every citizen must be treated fairly by law enforcement officials and the government. So every law enforcement officer is constitutionally bound by the value of justice that must be realized in practice. However, upholding equality before the law is not without obstacles. It can be in the form of juridical and political barriers, or sociological and psychological barriers. The main problems in this study are: Is the dismissal with respect to corruption according to the Theory of Justice and How is the legal action taken by the State Civil Apparatus (ASN) who was dismissed with no respect to get justice. This research is to provide input and contribute ideas for the growth of constitutional law. In addition, the results of this study will be very useful in the practice of state administration in Indonesia. The research method used in this study is normative law research. The object of this research is about the dishonorable discharge of state civil servants (ASN) in terms of the perspective of the theory of justice, especially in the Pekanbaru City Government area. The dismissal of a civil servant based on this regulation is determined from the Court's decision on his case after the legal force is fixed. In the verdict, it should reflect the values of justice, but sometimes what judges think is good, justice seekers think it does not reflect the value of justice. Civil Servants' rights to resolve disputes through the TUN Court can be carried out. In the State Administrative Court, the right to defend legal interests is a form of human rights owned by a person/group of people. Court decisions must be based on considerations and meet the values of justice.

Actions (login required)

View Item