Upaya administratif dalam penyelesaian sengketa kepegawaian

Abstract

This paper aims to understand the suitability of the regulations, the implementation of the ASN Law has implications for changing the management paradigm of ASN management. Personnel dispute resolution is one of the things that is of particular concern because of the increasingly complex problems faced. This type of normative legal research uses a statutory approach. Based on the results of the discussion, it was found that administrative efforts were deemed capable of providing answers for the resolution of personnel disputes, but the existing provisions limit the use of these administrative efforts, even though administrative efforts are a reflection of the spirit of deliberation to reach consensus which is characteristic of the Indonesian nation. This study tries to analyze whether administrative efforts in resolving employment disputes are in accordance with legal objectives and whether restrictions on administrative efforts are still relevant at this time. It is hoped that from this research, norm formulations can provide legal certainty in resolving employment disputes. Administrative efforts according to the provisions in the ASN Law are expected to be a solution for the resolution of increasingly complex personnel disputes, but this is contrary to the provisions in the PP on Civil Servant Discipline which limit the use of administrative efforts, so that according to the author it is no longer relevant to be implemented under current conditions.

How to cite item: Sodiq, M. M. H. (2021). Upaya administratif dalam penyelesaian sengketake pegawaian. Jurnal Cakrawala Hukum, 12(1). 60-68.doi:10.26905/idjch.v12i1.4480.