Introduction: Violations committed by members of the TNI will affect the good name of the unit and the development of personnel in the unit. Purposes of the Research: Legal issues in this study is how the procedure for administering administrative sanctions for TNI soldiers? and How is the legal protection for TNI soldiers who committed a violation in accordance with the substance of the TNI administrative sanction? As for the purpose.Methods of the Research: This research is to find out and analyze the procedures for imposing sanctions administration for TNI soldiers to find out and analyze legal protection for TNI soldiers who commit violations in accordance with the substance of administrative sanctions for the provision of administrative sanctions for TNI soldiers This study uses normative legal research that is description with a statute approach and Conceptual approach (conceptual approach), through the collection of legal materials then analyzed by qualitative analysis.Results of the Research: Through this research it was found that there are procedures in the imposition of sanctions applied to the classification is classified prayer is a class of violations whose administrative sanctions are adjusted with his group, and his position is one of the things that distinguishes administrative sanctions such as administrative sanctions for officers will be different with a non-commissioned officer / enlisted. and legal protection of soldiers who will be dropped administrative sanctions can be realized by the application of sanctions based on the the principle of fair law, as has been stated, namely the principle of educating, the principle of Openness, the principle of balance, the principle of justice, the principle of equality.
Introductioan: The ratio decidendi or the judge's legal considerations is the most important thing in determining the decision because there are aspects that must be considered. Ratio decidendi is a process that will produce a decision. In practice, namely at the State Administrative Court, it was found the fact that the employment dispute, namely dishonorable dismissal, had a different decision. Purposes of the Research: This study aims to determine the ratio decidendi that produces different decisions. The purpose of this research will be to answer the anxiety and curiosity about the ratio decidendi of the dispute regarding the dishonorable dismissal. Methods of the Research: This writing method is normative juridical, with the type of library research, which uses a law approach, with the hope of answering the problems faced. Results of the Research: The difference in the decision of course must be drawn on the ratio decidendi which considers the authority to adjudicate, procedural and substantive aspects as well as aspects of the grace period. These three aspects will be the main focus in dissecting the ratio decidendi in each decision so that differences will be found. The consistency of the ratio decidendi can affect the legal certainty received by the parties.
Introduction: Disrespectful dismissal of members of the Indonesian National Police must be in accordance with the provisions of the legislation.Purposes of the Research: Therefore, this paper aims to examine and analyze the validity of dishonorable dismissal and legal remedies that can be taken. Methods of the Research: The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this study are primary legal materials and secondary legal materialsResults of the Research: The recommendation for dishonorable discharge issued by the Commission for the Professional Code of Ethics of the Indonesian National Police to the violator, namely Markus Junus Pattimaipau, as the basis for the issuance of a decree by the Maluku Regional Police Chief regarding Disrespectful Dismissal is not in accordance with the mechanism of the provisions of the applicable laws and regulations. Apart from that, the recommendation for dishonorable dismissal that is issued if it is related to the legal requirements of a decision does not meet the requirements of the procedure and substance and general principles of good governance, then the decision can be said to have no validity. The issuance of the Decree of the Head of the Maluku Regional Police regarding the dishonorable discharge of the Indonesian National Police Service which has no further validity. Markus Junus Pattimaipau in the aspect of legal protection who is harmed by the State Administrative Decree may file legal remedies based on the provisions of the applicable laws and regulations.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.