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Back COUNTRY SHEET Republic of INDONESIA No. 45, 2011 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5210) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 24 in 2011 ABOUT AGENCY STAFFING CONSIDERATIONS with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 35 paragraph (3) of Act No. 43 of 1999 regarding the change in the law No. 8 of 1974 about Staffing issues , need to establish government regulation about the Agency's Staffing Considerations;
Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 8 of 1974 about Staffing issues (State Gazette of the Republic of Indonesia Number 55 in 1974, an additional Sheet of the Republic of Indonesia Number 3041) as amended by law Number 43 in 1999 (Gazette of the Republic of Indonesia year 1999 Number 169, additional sheets of the Republic of Indonesia Number 3890);
Decide: define: GOVERNMENT REGULATION of the AGENCY'S STAFFING CONSIDERATIONS.
CHAPTER I GENERAL PROVISIONS article 1 In this Government Regulation is: 1. a civil servant which further abbreviated as CIVIL SERVANTS are CIVIL SERVANTS and CIVIL SERVANTS of the region.
2. Breach of discipline is any speech, writing, or conduct of CIVIL SERVANTS who do not comply with obligations and/or violate the prohibition provisions of the discipline of CIVIL SERVANTS, whether conducted inside or outside working hours.
3. Punishment discipline is punishment to CIVIL SERVANTS for violating Regulation of discipline of CIVIL SERVANTS.
4. Officials of the builders of the Staffing Center, officials of the Pembina Area of the province, and the staffing Officer Regional Personnel Pembina County/City Officials are Staffing the Builder referred to in the regulations governing the authority of appointment, transfer, and dismissal of CIVIL SERVANTS.
5. The competent authority is to punish the officials who authorized dropping disciplinary punishment for CIVIL SERVANTS.
6. Administrative Appeals are administrative efforts can be taken by CIVIL SERVANTS who are not satisfied with disciplinary penalties against either a dismissal with respect not to own or at the request of dismissal not respectfully as CIVIL SERVANTS determined by the competent authority to punish, to Staffing Considerations.
7. the Minister is the Minister of the organizing Affairs of the Government in the field of utilization of State apparatus.
CHAPTER II the POSITION and DUTIES of article 2 (1) with government regulation was formed the Agency Staffing Considerations are hereinafter referred to as BAPEK.
(2) BAPEK located at the bottom and is responsible directly to the President in accordance with the provisions of the legislation.
Article 3 BAPEK has duties: a. give consideration to the President over the proposal in the form of disciplinary punishment of the overthrow of the transfer in order to decrease the position of the lower-level, term, termination of the exemption with respect to the request itself is not, and does not stop with respect as civil servants, for the SERVANT who occupied the position of structural Echelon I and other officials that are appointment and a lunch by the President;
b. examine and take decision on administrative appeals of CIVIL SERVANTS who were sentenced to disciplinary dismissal form with respect to the request does not own or does not stop with respect to as PNS by pembina personnel and/or the Governor as the representative of the Government.
CHAPTER III MEMBERSHIP of the ORDER of article 4 (1) BAPEK consists of: a. a Chairperson and members;
b. a Secretary concurrently members; and c. 5 (five) members.
(2) the composition of the membership of the BAPEK referred to in paragraph (1) are as follows: a. the Minister as Chairman and members;
b. Head Bkn as Secretary and members;
c. the Cabinet Secretary as members;
d. the head of the State Intelligence Agency as a Member;
e. the young Attorney General: keperdataan and administrative affairs of the country, the Attorney General's Office as a Member;
f. the Director General of wing Affairs legislation, the Ministry which hosts Government Affairs in the field of law and human rights as a Member; and g. the Chairman of the Board of officers of the Corps of National of the Republic of Indonesia as members.
Article 5 the provisions further about the work of the Chairman, the Secretary, and a member of the BAPEK referred to in article 4 is controlled by a regulation of the Minister.
Article 6 (1) to help smooth implementation of BAPEK as mentioned in article 3 established the Secretariat headed by the Secretary of BAPEK BAPEK.
(2) the order of the Organization and the work of the Secretariat of the BAPEK referred to in subsection (1) is subject to the rule Head Bkn.
(3) officials of the Secretariat of the BAPEK comes from CIVIL SERVANTS who are appointed and dismissed by the head of Bkn in accordance with the provisions of the legislation.
CHAPTER IV ADMINISTRATIVE APPEALS article 7 (1) of the CIVIL SERVANTS who were sentenced to disciplinary dismissal form with respect to the request does not own or does not stop with respect as CIVIL SERVANTS by Acting Governor as a Builder or Staffing Representative Government could appeal to the administrative BAPEK.
(2) administrative appeals referred to in subsection (1) is filed in writing to the BAPEK and tembusannya submitted to the staffing or Governor Builder Officials as the Government representatives that contains the reason and/or evidence of the disclaimer.
(3) administrative appeals referred to in subsection (1) is lodged 14 (fourteen) days, counted from the date of the decision letter of disciplinary penalty is accepted.
(4) administrative appeals filed exceeded the grace period referred to in subsection (3), is not acceptable.
Article 8 (1) officials of the builders of the Staffing or Governor as government representatives as stipulated in article 7, paragraph (2) required to provide responses and/or evidence of violation of discipline that was delivered to the BAPEK the longest 21 (twenty one) working days from the date of receipt of the copies of administrative appeals.
(2) if the Official Staffing or Governor as Builder representatives of Governments did not provide a response within the time referred to in subsection (1), BAPEK administrative appeals against decisions based on evidence.
Article 9 (1) BAPEK mandatory check and take a decision in writing within 180 (one hundred eighty) days from receipt of the administrative appeals.
(2) BAPEK in taking the decision referred to in subsection (1) is carried out through the Council of BAPEK.
Article 10 (1) of the Council of BAPEK as referred to in article 9 paragraph (2) was performed at least 1 (one) time in each month.
(2) the Council of BAPEK declared valid if attended by the Chairman, the Secretary, and at least 3 (three) members.
Article 11 (1) BAPEK in taking decisions done with deliberation for consensus.
(2) in the case of deliberation for consensus as intended in paragraph (1) is not reached, a decision taken with the most votes.
(3) the decision of the BAPEK can strengthen, memperberat, lighten, or cancel a decision Officials Staffing or Builder Governor as government representatives. (4) Decision BAPEK signed by the Chairman and the Secretary;
(5) the decision of the BAPEK binding and must be carried out by all the parties concerned;
(6) Decision BAPEK submitted to the CIVIL SERVANTS who filed administrative appeals, Staffing or Governor Builder Officials as government representatives, and other related Officials.
Article 12 in carrying out the task of inspection, BAPEK authorities ask for additional information from the concerned CIVIL SERVANTS, officers, or other parties as deemed necessary.
Chapter V FUNDING Article 13 all the funding necessary for the implementation of the budget of income charged to BAPEK and placed on State Spending budget Bkn.
CHAPTER VI TRANSITIONAL PROVISIONS Article 14 objections in this Government Regulation is called administrative appeals submitted to BAPEK before the entry into force of this Regulation, apply the provisions of the: 1. objections and responses that have been received by the BAPEK, but not yet terminated then the solution is carried out on the basis of the provisions of this Regulation before.
2. an objection has been received by the BAPEK, but the response has not been received, then the solution is done based on government regulations.
CHAPTER VII PROVISIONS COVER Article 15 at the time of this Regulation comes into force on the implementation of the BAPEK rule provisions that had existed prior to government regulation is valid, otherwise remain in force throughout does not conflict and has not been modified based on government regulations.
Article 16 at the time of this Regulation comes into force, the Presidential Decree Number 67 in 1980 about the Agency's Staffing Considerations, as amended by Presidential Decree Number 71 in 1998 about the changes to the Presidential Decree Number 67 in 1980 about the Agency's Staffing Considerations, revoked and declared inapplicable.
Article 17 this Regulation comes into force on the date of promulgation.
In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.
Established in Jakarta on April 18, 2011, the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on April 18, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();
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