Effectiveness of State Administrative Court Ruling in Staffing Disputes

(Study on Civil Service Arbitration Tribunal in Makassar City)

DOI

10.2991/assehr.k.211130.113How to use a DOI?

Keywords

Effectiveness; Judge’s Ruling; Staffing Dispute

Abstract

The results showed that: (1) The development of staffing dispute cases related to the removal of positions in PTUN Makassar City in 2014 - 2018 experienced fluctuating changes. From 2014 to 2015 increased by 40.00 percent, where in 2014 there were 15 cases, in 2015 it increased to 21 cases. Then in 2016 it fell 57.14 percent, to 9 (nine) cases. Furthermore, in 2017 again increased dramatically to reach 233.33 percent or to 30 cases which the previous year only nine cases. In 2018 again dropped 53.33 percent or to 14 cases. The lowest number of cases in 2016 was 9 (nine) cases, and the highest cases in 2017 reached 30 cases out of a total of 89 cases of staffing disputes that were severed throughout 2014 - 2018. (2) The implementation (execution) of the verdict in the staffing dispute related to the removal of positions declared to have permanent legal force (inchract) in PTUN Makassar City in 2014-2018 can be categorized as less effective. Where of all cases decided to grant the plaintiff’s lawsuit, only 3 (three) cases were carried out (execution) by the defendant. (3) Factors that affect the implementation of the decision in the staffing dispute that has permanent legal power related to the removal of positions in PTUN Makassar City in 2014 - 2018, namely the factor of not being moved by the PTUN decision, has been determined the definitive official in the position that was used as the object of the dispute, the plaintiff is not willing to accept a certain position because it is different from the original position, although the position of the position is at the level or level with the previous position being sued, and the absence of instruments capable of pressuring the defendant’s officials to carry out the PTUN verdict.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Andi Kasmawati
AU  - Mustari
AU  - Bakhtiar
PY  - 2021
DA  - 2021/12/03
TI  - Effectiveness of State Administrative Court Ruling in Staffing Disputes
BT  - Proceedings of the International Joined Conference on Social Science (ICSS 2021)
PB  - Atlantis Press
SP  - 625
EP  - 630
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211130.113
DO  - 10.2991/assehr.k.211130.113
ID  - Kasmawati2021
ER  -