https://dinastires.
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DOI: https://doi.
org/10.
38035/jlph.
https://creativecommons.
org/licenses/by/4.
Determination of Disiplinary Penalties for Civil Servants for Divorce Permin Violations Paramita Dewi Gayatri1.
Joko Widarto2.
Juanda3 .
Achmad Edi Subiyanto4.
Esa Unggul University.
Jakarta.
Indonesia, paramita.
gayatri@esaunggul.
Esa Unggul University.
Jakarta.
Indonesia, joko.
widarto@esaunggul.
Esa Unggul University.
Jakarta.
Indonesia, juanda@esaunggul.
Esa Unggul University.
Jakarta.
Indonesia, achmadedi@esaunggul.
Corresponding Author: gayatri.
office@gmail.
Abstract: This research is a normative research that focuses not only on examining secondary materials but also primary materials.
The approach method used is laws and regulations and The purpose of this study is to determine the determination of the imposition of types of disciplinary penalties, especially violations of divorce permits within the Ministry of Finance.
Based on Article 41 of Government Regulation Number 94 of 2021 concerning Civil Servant Discipline, if a violation of marriage and divorce permits is subject to one type of severe disciplinary punishment.
The results showed that the Ministry of Finance in determining the type of disciplinary punishment is based on weighting first before getting the main value as outlined in Minister of Finance Regulation Number 123 of 2023 concerning Procedures for Examining Disciplinary Violations and Imposition of Disciplinary Penalties within the Ministry of Finance.
In the weighting, it has also considered the elements of lightening and aggravating as stated in the Regulation of the State Personnel Agency Number 6 of 2022 concerning Implementation Regulations of Government Regulation Number 94 of 2021 concerning Discipline of Civil Servants.
Keyword: Disiplinary Punishment.
Law.
Divorce.
INTRODUCTION
At the government level.
Civil Servants (PNS) always obey all things that are required and obey all things that are prohibited according to statutory regulations.
The government has issued disciplinary rules intended for civil servants if they violate obligations and prohibitions.
The disciplinary rules are stipulated in Government Regulation Number 94 of 2021 concerning Civil Servant Discipline (Discipline Regulation .
This Government Regulation was established in order to provide guidance for civil servants not to repeat the same mistakes and as an effort to provide opportunities to improve themselves.
Types of disciplinary punishment according to Discipline Regulation 94 include light, medium and heavy.
The Ministry of Finance is one of the Government Agencies with high complexity of tasks and functions which has 11 Echelon I Units with a total number of employees.
76,649
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employees spread throughout Indonesia, consisting of 76,574 civil servants and 75 government employees with work agreements .
tatistical data May 1, 2.
Despite the existence of Government Regulations governing discipline, violations of divorce procedures were found.
The obligations of civil servants regarding marriage and divorce, the government has issued regulations since 40 years, namely in 1983, as outlined in Government Regulation through Number 10 of 1983, but then in 1990 the regulation was adjusted by the Government to become Government Regulation Number 45 of 1990, hereinafter abbreviated as the Marriage and Divorce Permit Regulation.
The obligations for civil servants related to marriage and divorce are as follows:
After carrying out has the obligation to report the marriage in the office in writing to the Authorized Official no later than 1 .
year after being bound by marriage.
When seeking a divorce, both the defendant and plaintiff must apply to Authorized official for a divorce license.
Civil servants who will have more than one wife, have the obligation to first apply for permission from Authorized official before entering into a second marriage.
Female civil servants are not allowed to become the second/third/fourth wife and so on of a civil servant.
However, it is allowed in the case of becoming the second/third/fourth wife and so on whose prospective husband does not come from civil servants .
oth those who work as leaders of high institutions/non-government agencies, government leaders/stateowned enterprises or local government units with prior written permission before carrying out the marriage from the Official.
Civil servants are prohibited from living together without a legal marriage.
Against indiscipline over divorce procedures, the Government has provided confirmation in Article 41 of the Discipline Regulation 94, namely that if you have violated the rules for marriage permits and/or divorce, you will be sentenced to one type of severe disciplinary penalty.
A concrete case of a violation of divorce permission at the Ministry of Finance, which based on a decision letter has been sentenced to a severe disciplinary penalty in the form of a demotion to a lower level with a period of 1 .
year, with the violations that have been committed as follows:
Divorced without prior permission from Authorized official .
ith the status of defendan.
and did not report the divorce within a period of at least 1 .
Not obtaining permission from the first wife and Authorized official and not reporting the second marriage within a period of at least 1 .
Previous studies have explained the application of severe disciplinary sanctions within the Ministry of Transportation including the factors that become obstacles (Ahmad Muhid Estiyanto, 2.
and juridical analysis of regulations regarding divorce for State Civil Apparatus in Police Agencies (Abdullah Taufik, 2.
However, this research is a more indepth study than previous studies because previous studies have not specifically examined the determination of the type of disciplinary punishment for divorce permit violations.
This article analyzes the determination of the imposition of penalties for civil servants for violations of divorce permits at the Ministry of Finance and this article aims to analyze the determination of the imposition of penalties for civil servants for violations of divorce permits at the Ministry of Finance.
METHOD
To resolve legal issues, this article is conducted using normative legal research methods.
According to Soejono Soekanto and Sri Mamudji, normative research is the implementation of research that does not only focus on examining secondary materials or data.
If normative legal research is only carried out by examining legal materials or data, it is also called library legal research, theoretical legal research or dogmatic.
Literature in normative research contains primary and secondary sources (Dr.
Kristiawanto S.
, 2.
This article also uses a 3966 | P a g e https://dinastires.
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qualitative descriptive technique as an analysis of legal materials by uniting data then classifying it and then processing it so as to make conclusions and suggestions (Dr.
Ishaq, .
Hum, 2.
The sources of research materials used are primary and secondary legal materials such as research on legal materials such as laws and regulations, journals, books that discuss divorce licensing for civil servants and technical collection of legal materials, this article uses literature studies and field studies.
Technical collection of legal materials through literature studies is more useful because it can find solutions from providing guidance on solving problems (Bambang Sungkono, 2.
The approach method used is the statutory approach and case This statutory approach is used with the aim of obtaining a description of the analysis of legal regulations governing the application of disciplinary law, especially for civil servants against violations of divorce permits with the status of the defendant.
Legislation is carried out in order to conduct research on policies that are the topic of research (Johnny Ibrahim, 2.
RESULTS AND DISCUSSION
Divorce Permission Procedure for Civil Servants.
According to Article 3 through Article 16 of the Divorce and Marriage Permit Regulation, the obligations that must be obeyed by civil servants in the divorce process include:
Article 3, the obligation of civil servants to obtain prior permission from the authorized official before the process of applying for divorce and the submission is made in writing.
Article 5, a superior who has received a divorce application letter from a subordinate is obliged to report and forward it to the Authorized official no later than 3 .
months from the receipt of the application letter.
Article 6, the Authorized official, upon receiving the divorce petition, is obliged to study the reasons for the divorce.
The Authorized official is given the right to summon other parties and/or the wife if additional information is required as an additional reference.
Article 7.
Officials are obliged to refuse an application for a divorce license if the grounds for divorce include:
Contrary to the teachings of the religion practiced by the civil servant concerned.
Filing for divorce without grounds.
Contrary to statutory provisions.
Another reason that is beyond common sense.
Article 8, the obligation for male civil servants to provide income to ex-wives and children in accordance with laws and regulations.
Unless the divorce is at the request of the wife, male civil servants have no obligation to provide their income to the former wife and if the reason for the divorce is because the male civil servant wants to marry a second time and the former wife does not want to be married, then the male civil servant still gives part of his income to the former wife.
Article 13, the Authorized official has an obligation no later than 3 .
after receiving the divorce license application letter to give approval or refusal to grant the license.
Article 16, for violation of divorce, civil servants will be given disciplinary punishment.
In Circular Letter of the State Personnel Administration Agency Number 48/SE/1990 concerning Guidelines for the Implementation of Government Regulation Number 45 of 1990 concerning Amendments to Government Regulation Number 10 of 1983 concerning Marriage and Divorce Permits for Civil Servants (BKN Regulation on Divorce Permit.
, it also regulates husbands or wives who are civil servants, both as plaintiffs .
and defendants .
, if they are going to carry out a divorce, they are required to obtain an approved permit from Authorized official.
The following is an explanation of the provisions regarding the requirement to apply for a divorce permit specifically for civil servants, including:
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Male or female civil servants who will file a divorce suit with the court are required to first obtain permission for divorce from Authorized official in accordance with SEBAKN Izincerai.
In this case, if the civil servant in question is a civil servant of the Ministry of Finance, the civil servant applies for a divorce permit to the Minister of Finance with acceptable reasons.
Defendant Civil servants who receive a lawsuit for a divorce application from a spouse, have an obligation to obtain a certificate of divorce approval by a superior.
In the submission process, it is obligatory to attach a summons for a divorce trial and a copy of the divorce lawsuit from the spouse no later than 6 .
working days after receiving the lawsuit.
The procedure for applying for a divorce permit and / or a certificate to carry out divorce and divorce reporting at the Ministry of Finance with the following mechanism .
nterview with Head of Welfare Subdivision.
February 7, 2.
Application for divorce license and reporting as plaintiff:
The employee submits to the immediate superior a divorce permit letter by considering the reasons and supporting evidence in accordance with the applicable provisions to the immediate superior.
Submission of divorce permits can be done in the official hierarchy through the website id or manually through printed paper sheets to direct superiors and by direct superiors submitted to Authorized official.
The immediate superior and/or Authorized official reviews the divorce application file and has the right to summon the employee and spouse.
The immediate superior and/or Authorized official has the right to grant permission or reject the application for divorce permission that has been submitted.
The employee receives the decision to grant or deny divorce permission as determined by the Authorized official.
After obtaining permission to divorce, employees can proceed with the divorce process at the local court according to the teachings of their respective religions.
No later than 1 .
month after the divorce is finalized, the employee must report the divorce by attaching a divorce certificate in 4 .
copies to the immediate superior and by the immediate superior forwarded to the Authorized official.
Filling a certificate to execute a divorce and reporting as respondent:
The deadline is no later than 6 .
working days after obtaining a divorce lawsuit notification letter, the employee submits a certificate of implementing the divorce hierarchically to the immediate superior.
By the immediate superior then submitted to Authorized official.
The immediate superior and/or Authorized official have the right to reconcile through In the event of no success, a certificate is issued.
The immediate superior and/or Authorized official has the right to issue a permission letter or reject the application for a divorce permission letter that has been submitted.
After obtaining a divorce approval certificate, employees can proceed with divorce proceedings at the local court in accordance with the teachings of their respective No later than 1 .
month after the divorce is finalized, the employee must report the divorce by attaching a divorce certificate in 4 .
copies to the immediate superior and by the immediate superior forwarded to the Authorized official.
Determination of the Type of Disciplinary Penalty for Violation for Divorce Permit Discipline for civil servants consists of elements of obedience, ability and loyalty in carrying out duties to sacrifice personal interests for the benefit of the state.
Civil Servant Discipline Regulations are regulations that regulate obligations, prohibitions, and sanctions, as well as sanctions given to civil servants if they do not comply with the things that are required 3968 | P a g e https://dinastires.
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or violate the specified prohibitions.
The disciplinary penalties imposed on civil servants can be divided according to the level and type according to the nature, severity or severity of the mistake and the scope of the consequences of the impact arising as a result of the civil servant's mistake (Hasibuan Malayu, 2.
As a step in character building to create civil servants who always obey the provisions of the regulations made by the Government, strong discipline is needed.
If a civil servant in carrying out this discipline turns out to have made a mistake, it is necessary to give a punishment that is commensurate or equivalent to the mistake that has been made to the person concerned.
According to Disciplinary Regulation 94, to determine how the imposition of penalties is based on the offense having a negative impact on: .
the relevant work unit, .
the agency, and .
the state.
If the misconduct affects the relevant work unit, a light disciplinary penalty is And if the impact on the agency, then the application of a medium level penalty.
If it has an impact on the state, a severe punishment is applied.
Regarding violations of divorce permits, referring to Article 41 of Discipline Regulation 94 emphasizes that civil servants who violate the provisions of the Marriage and Divorce Permit Regulation will be subject to one type of severe disciplinary punishment based on Discipline Regulation 94.
The impact arising from the imposition of law is indirectly the implementation of the application of law enforcement carried out against violations that have been committed.
The implementation of law enforcement also pays attention to, among others:
Benefits and usefulness.
Jeremy Bentham expressed his view that the legislator should be able to create laws that reflect justice for every human being.
(Prof.
Dr.
Juanda, 2.
Justice is achieved, which means that the application of the law must pay attention to the facts and circumstances.
Contains elements of the value of justice, which is a value that can have meaning as a reflection of the ultimate value of creating peace of life.
In the implementation of disciplinary punishment within the Ministry of Finance, the Inspectorate for Investigation.
Internal Compliance Unit.
Immediate Superior, and/or Examination Team provide recommendations, determination, and/or imposition of disciplinary punishment using the method of assessing the type of disciplinary punishment by referring to Article 25 of the Minister of Finance Regulation Number 123 of 2023 concerning Procedures for Examining Disciplinary Violations within the Ministry of Finance (Disciplinary Punishment Examination Regulatio.
, with the following mechanism:
Determine what violations have been violated by the examinee in violation of the statutory What is meant here is a civil servant who is suspected of having committed an offense based on information on disciplinary violations.
Determining these violations, the Ministry of Finance has separated them based on the categories of violations, which refer to the Disciplinary Punishment Examination Regulations, such as:
Category 1 offenses are those that have a definite level and type of punishment, such as going to work.
Category 2 group, are offenses that have a negative impact in determining the imposition of penalties such as, among others, the obligation to comply with statutory provisions.
the obligation to implement established policies.
and the obligation to put the interests of the state ahead of personal and/or group interests.
Category 3, are offenses that have a certain level of punishment but have not been clearly regulated, such as, among others, the prohibition of working for a country other than Indonesia, the prohibition of abuse of authority and the obligation to attend the oath of Category 4 group, is a violation of the prohibition in acting or not acting but resulting in harm to a person and/or business entity served.
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Group category 5, is a violation of non-compliance with asset reports related to political activities, such as the obligation to report assets and the prohibition of providing political Category 6 groups, which are violations of marriage and divorce licenses.
In determining the type of punishment, the examining team shall consider the aggravating and mitigating elements of the offense.
Convert elements that aggravate and/or mitigate the offense into scores.
Elements that cause aggravation and/or mitigation must be accompanied by evidence.
Calculate the final score, with the following provisions:
In the event that the final score exceeds the lower limit score range for the level of disciplinary punishment and after consideration of the elements that cause mitigation, the lowest type of punishment at that level shall be imposed.
In the event that the final score exceeds the upper limit range of the level of disciplinary punishment and after consideration of the elements that cause mitigation, the highest type of punishment at that level shall be imposed.
Tabel 1.
Determination of the base value which is the cut-off value before obtaining the range of punishment level values.
Punishment Level Lightweight Medium Weight Table of principal values Value range 0 < x O 30 30 < x O 60 60 < x Principal Value Source: Details of the principal value provisions at each penalty level In the event that there are provisions in the laws and regulations that have specifically regulated the level of disciplinary punishment for disciplinary violations but there is no regulation on the type of disciplinary punishment that needs to be imposed, then the determination of the method of determining the violation shall only use the determination of the type of punishment for the relevant disciplinary violation.
The determination of the type of punishment is the result of the final score, which is based on the range of scores in the punishment ranking.
The following is a list of the rankings:
The type of punishment in the form of a verbal reprimand which is rank 1 has a value range of 0 < x O 10.
The type of punishment in the form of a written warning which is rank 2 has a value range of 10 < x O 20.
The type of punishment in the form of a dissatisfied statement, which is rank 3, has a value range of 20 < x O 30.
The type of punishment in the form of a deduction of performance allowance for 6 .
months by 25% which is rank 4 has a value range of 30 < x O 40.
The type of punishment in the form of performance allowance deduction for 9 .
months by 25% which is rank 5 has a value range of 40 < x O 50.
The type of punishment in the form of a 25% cut in performance allowance for 12 .
months which is rank 6 has a value range of 50 < x O 60.
The type of punishment in the form of demotion to a lower level for 12 .
months which is rank 7 has a value range of 60 < x O 70.
The type of punishment in the form of exemption from position to an executive position for 12 .
months which is rank 8 has a value range of 70 < x O 80.
The type of punishment in the form of dishonorable dismissal not at one's own request which is rank 9 has a value range of 80 < x.
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The Rules for Examination of Disciplinary Punishment also emphasize that elements that cause major, role, additional, and/or mitigating weighting only result in the determination of the type of punishment at the same level:
The result of the final score that has passed the lower limit of the disciplinary punishment level due to the aggravating element, the result of the punishment decision is the lowest type of punishment level.
The result of the final score that has passed the upper vulnerability at the disciplinary punishment level due to the elements that cause the mitigation, the result of the punishment decision given is the most level type at that punishment level.
In the event that the final score is less than the main score, the type of punishment is determined according to the range of the main score plus 1 .
The Regulation on Examination of Disciplinary Punishment also emphasizes that for violations of discipline for group 6 in the form of violations of marriage and divorce licenses, the basic value is 60.
While the additional value is determined according to the main, additional, and mitigating conditions, with the following details:
Main weighting Based on conditions and consequences, these include:
The consequences of the violation do not affect the reputation, and/or the implementation of the work unit/agency/organization, score 0.
The consequences of the violation affect the reputation and/or implementation of the work unit's duties, score 15.
The consequences of the violation affect the reputation and / or implementation of the duties of the agency and / or the examinee becomes a suspect for the violation, score 30.
Additional weighting The elements that form the basis of additional weighting are:
Past records of completed sentences with a choice of conditions:
Never received any disciplinary punishment, score 0.
Have received disciplinary punishment 1 .
time, score 2.
Have received disciplinary punishment more than 1 .
time, score 5.
Elements that become obstacles in the examination process:
The behavior of the examined was not found to be an obstacle to the examination process, score 0.
During the examination process, the examinee behaves in an obstructive manner such as being disrespectful, giving convoluted and/or unhelpful answers, score 2.
The examinee complicates or obstructs in obtaining information or information, removes evidence and/or damages examination documents, score 5.
Conditons that become an element of mitigation are:
The examinee has good behavior and is helpful during the examination process, score 5.
and/or As an Initiative in disclosing violations that affect the decline of integrity enforcement in the Ministry of Finance, score 10.
With regard to the calculation of the determination of violations in group 6 in the case to be raised, this article prioritizes analysis by obtaining information directly through interviews conducted with the manager of the personnel unit at the Ministry of Finance so that it can be described as follows:.
Case chronolgy In 2014.
Br.
X was sued for divorce by Br.
Y because Br.
X had entered into marriage siri with Br.
Br.
X had a divorce without a certificate and did not report the divorce to Authorized official.
In 2020.
Br.
X and Br.
Y reconciled but did not report to Authorized In 2023.
Br.
X was sued for divorce again by Br.
Y because Br.
X was proven to have 3971 | P a g e https://dinastires.
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had an affair with Br.
AB.
When Br.
X submitted a certificate for approval of divorce to Authorized officialM, the Human Resources Bureau obtained information that Br.
X had previously divorced but not in accordance with procedures and without the consent of the first wife had entered into a siri marriage with Br.
Z and did not report his second marriage .
Regarding the examination document research, it was stated that .
nterview with the Head of the Discipline Enforcement Subdivision on February 10, 2.
The fact that the person concerned committed an offense viz:
living together without a legal marriage.
No divorce reports within a certain period of time.
No written second marriage report to Authorized official within a certain period of time.
There was an overpayment as a consequence of divorce and non-reporting.
The offense was known to the surrounding community, which brought the Agency into The person concerned received a severe disciplinary penalty in accordance with Disciplinary Regulation 94, with a violation of the article in accordance with Government Regulation Number 45 of 1990 concerning Marriage and Divorce Permits for Civil Servants as follows:
Article 2 paragraph .
The obligation to report a second marriage despite being a widower or widow.
Article 3 paragraph .
The obligation for civil servants if they are the defendant must obtain a written certificate to apply for divorce.
Article 14.
A prohibition for civil servants not to cohabit with a woman who is not their wife without a legal marriage.
Article 15 paragraph .
Prohibition for civil servants not to violate one or more obligations regarding reporting of first and second marriages, permission or certificate to divorce, prohibition of cohabitation without official ties, if married to more than 1 .
must report, not reporting divorce and not reporting second marriages and so on, is subject to one of the severe disciplinary penalties in accordance with Discipline Regulation 94.
Considerations for determining the imposition of disciplinary penalties are as follows the results of an interview with the Head of the Discipline Enforcement Subdivision on February 10, 2.
Employee X has committed a disciplinary offense that is punishable by a level 1 severe disciplinary penalty, namely a demotion to a lower level for 12 .
The reference for the imposition of penalties for violations uses the provisions of Government Regulation Number 10 of 1983 concerning Marriage and Divorce Permits for Civil Servants as amended by Government Regulation Number 45 of 1990 concerning Amendments to Government Regulation Number 10 of 1983 concerning Marriage and Divorce Permits for Civil Servants.
Aggravating element:
As a result of not reporting the divorce.
Mr.
X received spousal and rice allowances that should not have been received in the salary component, resulting in an overpayment.
Committing 3 .
offenses simultaneously viz:
Failure to report the second marriage within a period of not later than 1 .
year after the marriage is consummated.
Living together without a legal marriage.
Not reporting the divorce within a period of no later than 1 .
The element of mitigation:
Br.
X behaved well and/or cooperatively during the examination process.
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Against the examination that has been compiled through the Inspection Report using the method of determining the type of disciplinary punishment, resulting in a conclusion that the employee concerned violated Article 41 of Government Regulation Number 94 of 2021 concerning Discipline of Civil Servants with a final score in the Method of Determining the Type of Disciplinary Punishment totaling 61 so that a severe disciplinary punishment-1 is recommended in the form of Postponement of Lower Level Position for 12 .
CONCLUSION
This research emphasizes the importance of the principles of justice, legal certainty and expediency in the imposition of disciplinary penalties for civil servants.
The examination team in determining the type of disciplinary punishment for civil servants who have committed violations is based on the method of determining the type of disciplinary punishment as regulated in the PMK Examination of Disciplinary Penalty Examination Regulations by considering aggravating elements and mitigating elements.
The principle of justice is taken when it is interpreted that all parties accept and agree fairly in making an agreement so that the principle of justice uses the theory according to John Rawls.
Between legal certainty and justice must not conflict, but if it violates legal certainty because it wants to realize justice, then the solution is that it must be compromised first, if it cannot be then it is allowed and if it still has to conflict then justice is chosen because justice is the essence of legal integrity.
In the process of imposing disciplinary penalties, the duties carried out by direct superiors and the examination team can be equated to judges or law enforcers in the process of imposing disciplinary penalties.
The immediate superior or the examination team must not impose a punishment that is lower than the minimum limit and vice versa.
Settlement of cases must be resolved by referring to the applicable provisions.
REFERENCE