Yuli Mega Anggraeni, . (2026) KEPASTIAN HUKUM BANDING ADMINISTRATIF ATAS PEMBERHENTIAN PEGAWAI NEGERI SIPIL PASCA MENJALANI PIDANA : (Studi Keputusan Badan Pertimbangan Aparatur Sipil Negara). Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
This research aims to analyze whether the decisions of the State Civil Apparatus Advisory Board (BPASN) are consistent with the principle of legal certainty, as well as to formulate and elaborate an ideal decision-making model concerning the dismissal of Civil Servants (PNS) following the completion of criminal sentences. This research constitutes normative juridical research. The approaches employed include the normative approach, the statutory approach, and the case approach. The research finds that the annulment by the Civil State Apparatus Advisory Board (BPASN) of the Regent's Decree concerning the dismissal of a Civil Servant (Pegawai Negeri Sipil/PNS) reflects the application of the principle of legal certainty, which places material facts as the basis for decision-making, such that the administrative appeal mechanism functions as an instrument of legal protection against improper dismissal decisions. The research further demonstrates that the ideal decision-making model with respect to the dismissal of a Civil Servant following the serving of a criminal sentence must be grounded in a thorough examination of material facts, the application of the principle of proportionality, and clear legal reasoning. A criminal judgment that has obtained permanent legal force (inkracht van gewijsde) and has been served by the Civil Servant concerned ought to be treated as an evaluative factor oriented toward the purposes of State Civil Apparatus (ASN) development and guidance, rather than as a trigger for the automatic imposition of the most severe administrative sanction. Article 44 of National Civil Service Agency (BKN) Regulation Number 3 of 2020 concerning Technical Guidelines for the Dismissal of Civil Servants requires civil servants who have completed their term of imprisonment to apply for reactivation of their employment status. Failure to fulfill this requirement may result in dismissal with honor. In response to such dismissal, the concerned civil servant may pursue legal remedies through an Administrative Appeal. Keywords: Dismissal, Criminal Sanction, Administrative Appeal.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil: 2410622063] [Pembimbing 1: Taufiqurrohman Syahuri] [Pembimbing 2: Irwan Triadi] [Penguji 1: Wicipto Setiadi] [Penguji 2: Irsyaf Marsal] |
| Uncontrolled Keywords: | Dismissal, Criminal Sanction, Administrative Appeal. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | YULI MEGA ANGGRAENI |
| Date Deposited: | 31 Aug 2026 07:03 |
| Last Modified: | 01 Sep 2026 03:40 |
| URI: | http://repository.upnvj.ac.id/id/eprint/50671 |
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