Verdict Examination of Dishonorable Discharge as PNS Due to Criminal Act of the Office in State Administrative Court

摘要

Dishonorable discharge as Pegawai Negeri Sipil (PNS) who perform criminal act of the office according to court with permanent legal force's decision, had once again become a national issue of law during the entire year of 2018. The resolution of aforementioned issue has involved many relevant institutions such as BKN (National Civil Service Agency), Kemenpan RB (Ministry of Administrative and Bureaucratic Reform), Kemendagri (Ministry of Home Affairs), and KPK (Corruption Eradication Commission). After the publication of joint decision between Mendagri, Menpan RB, and chief of BKN (SKB Tiga Lembaga) which ordered Pejabat Pembina Kepegawaian (PPK) to hand down PTDH PNS (Dishonorable Discharge as Civil Servant) towards any PNS (Civil Servant) who performed criminal act of the office based on the decision by PBHT (Court with Permanent Legal Force), in 1st of August2019, which had been handed down to 1.906 PNS (88%) out of 2.357 PNS in active duty. The publication of SKB Tiga Lembaga (joint decision of three institutions), have caused controversy among scholars, practitioners, and law experts concerning the interpretation of article 87 clause (4) letter b UU No. 5/2014 about Aparatur Sipil Negara (UU ASN). There are debates concerning the interpretation of law article 87 clauses (4) letter b, implication of PTDH as PNS, and the status of PNS who had been reactivated by PPK (Staff Development Officer) before UU ASN (civil servant acts) was implemented. A variety of parties that felt like their rights were aggrieved had filed constitutional examination of article 87 of UU ASN to the Constitutional Court. Most civil servants that had been dishonorably discharged had also filed a lawsuit to Pengadilan Tata Usaha (PTUN) to receive legal certainty and justice. And yet unlike the controversy of SKB Tiga Lembaga's publication, PTDH PNS in PTUN (State Administrative Court) was rarely investigated throughly. Even though the legal issues that appear in PTUN's examination and verdict towards PTDH PNS verdict is far more fundamental and strategic in deciding the progress of Indonesian administrative law, which already found its basis in UU No. 30/2014 about government administration.