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All Journal Reformasi Hukum Trisakti Amicus Curiae
Yogo Pamungkas
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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PEMBERIAN SANKSI BERUPA PEMBEBASAN JABATAN OLEH BUPATI DI KOTAWARINGIN TIMUR KALIMANTAN TENGAH Ernawati; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15417

Abstract

Sanggul is a State Civil Apparatus who has brought the "Decree of the East Kotawaringin Regent Concerning Disciplinary Punishment for Exemption from Position" to the Palangkaraya State Administrative Court as the subject of the dispute. The issue with this article is that the steps used by the Kotawaringin Timur regent to inspect Sanggul and impose sanctions on his dismissal from office in Decision 3/G/2021/PTUN.Plk were not in accordance with the steps outlined in PP No. 53/2010 on Civil Service Discipline. The research methodology employed is normative juridical, which analyzes primary and secondary evidence before drawing inferences based on qualitative analysis. The findings of this study show that the Kotawaringin Timur regent's methods for applying disciplinary sanctions were procedurally faulty since they did not follow the PP above. According to the study's findings, because the Kotawaringin regent did not follow the inspection procedure exactly as required by the government regulation on civil servant discipline, he was deemed careless and negligent in carrying out the administrative stages. The East Kotawaringin regent then brought about the repercussions of not achieving the requirements of Articles 23 and 24 of the PP above.
PUTUSAN HAKIM TERHADAP PEMBERHENTIAN APARATUR SIPIL NEGARA PENYANDANG DISABILITAS OLEH KEMENTRIAN KEUANGAN REPUBLIK INDONESIA. (NOMOR.22/G/2021/PT.TUN.JKT.) Arini Pertiwi; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18503

Abstract

The Civil Servants (ASN) consist of Civil Servants and Government Employees with Employment Agreements (PPPK) within government agencies. In Indonesia, people with disabilities can become ASN. The research problem in this study is whether the termination of ASN from the Ministry of Finance of the Republic of Indonesia is in accordance with Government Regulation Number 94 of 2021 regarding the Discipline of Civil Servants and whether the court's decision is in line with Government Regulation Number 94 of 2021 on the Discipline of Civil Servants. The method used is a normative juridical approach, referring to relevant laws and regulations. Data were obtained from primary and secondary legal sources, with deductive conclusions. The research results show that disciplinary penalties against ASN are in accordance with the applicable procedures, while the court's decision that granted the ASN's lawsuit is not in accordance with Government Regulation Number 94 of 2021
- STUDI KOMPARASI PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL(PERSELISIHAN HAK) MENURUT SISTEM HUKUM INDONESIA DAN KOREA SELATAN: - Nina Stevany Malipolla; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18504

Abstract

Work contracts that are not in accordance with labour laws, discriminatory status and industrial relations, substandard wage rates and wage systems, and the non-fulfillment of other normative rights are examples of labour rights violations. Furthermore, this research is normative research that is descriptive in nature, with secondary data whose data sources are primary, secondary, and tertiary legal materials, qualitatively analyzed data collection through literature studies, and deductively derived conclusions. The problem statement in this research is how the similarities and differences between the rights conflicts in Indonesia and South Korea And how its advantages and disadvantages. The Labour Inspection Service is responsible for enforcing labor regulations that guarantee the fulfilment of labour rights and taking stern action against companies/employers who violate these regulations. As a result, labor rights violations continue to occur despite the Labour Inspection Service's efforts. Indonesia has permanent legal force where disputes can be resolved through litigation or non-litigation, and has deficiencies in terms of the type of settlement, whereas South Korea has more detailed legal force, but its weakness is that few cases of labour disputes are brought to court without going through the Labour Relations Commission (LRC).
- TINJAUAN YURIDIS PELAKSANAAN ALIH STATUS PEGAWAI KOMISI PEMBERANTASAN KORUPSI MENJADI APARATUR SIPIL NEGARA PASCA PUTUSAN MK NOMOR 34/PUU-XIX/2021: - Navyla Arjinia Putri Widjanarko; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18680

Abstract

The implementation of the change in employment status of the Corruption Eradication Commission (KPK) employees as Civil Servants is based on Law Number 19 of 2019, which amends Law Number 30 of 2002 concerning the KPK. The formulation of the research problem is: How is the implementation of the change in the status of KPK employees to Civil Servants after the Constitutional Court Decision Number 34/PUU-XIX/2021? And is there any contradiction with the legislation in the implementation of the change in the status of KPK employees to Civil Servants? This research is normative juridical with deductive logical conclusions. The results show that the Constitutional Court Decision states that the implementation of the status change does not violate the 1945 Constitution of the Republic of Indonesia. The transition of KPK's employment status is also a consequence of the institutional status transition of the KPK within the executive branch. The author suggests that the process of changing the status of KPK employees be explained in detail regarding the implementation of the National Insight Test. This is important to avoid the polemic of "weakening the KPK," and legal consequences should be included if KPK employees do not pass the National Insight Test.
Co-Authors Adrian Cahdani Cakti Afrita Miranti Alvira Zahra Hartono Ananda Alfiyah Jasmine Siagian Siregar Arini Pertiwi Ayu Widia Pertiwi Cherya Metriska Elizabeth Liely Phinesia Ernawati Geraldus Himawan Utomo Kania Adriani Navyla Arjinia Putri Widjanarko Nikita Syaharani Nina Stevany Malipolla Rehuel Natalia El Tresiaty Sibarani Yoshua Setiawan