SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 45, 2011 | (Explanation in Additional State Sheet Republic Indonesia Number 5210) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 24, 2011
ABOUT
EMPLOYEE CONSIDERATION AGENCY
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weighing: that to implement the provisions of
Article 35 paragraph (3) Act No. 43 of 1999 on Changes to the Law No. 8 Year 1974 on the subject of the Workforce, it needs to establish Government regulations on the Board of Personnel Governing body;
Remembering: 1. Section 5 of the paragraph (2) Invite the Basic State of the Republic of Indonesia in 1945;
2.
Act Number 8 of the Year 1974 on the PoyPokok Keemployers (Sheet State Republic Indonesia Year 1974 Number 55, Additional Sheet Republic Of Indonesia No. 3041) as amended by Law Of 1999 Number 43 (sheet Of State Of The Republic Of Indonesia In 1999 Number 169, Additional Gazette Of The Republic Of Indonesia Number 3890);
DECIDED:
Establish: Government Regulation on the Governing Body Of Employment Considerations.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation referred to by:
1. Civil Servants who are next abbreviated to PNS are the Central PNS and Regional PNS.
2. Discipline violation is any speech, writing, or deed of civil service that disobeys an obligation and/or violates the prohibition of the PNS discipline provisions, both in and outside of the working hours.
3. Discipline punishment is the punishment handed down to the PNS for violating the civil discipline regulations.
4. Officials Pembina Keworkforce Centre, Officials Pembina Keworkforce Provincial District, and Officer Pembina Regional District/City is Officer Pembina Keemployees as referred to in the laws governing the Authorization for the appointment, transfer, and termination of the civil service.
5. Officials who are authorized to punish are the officials who are authorized to drop disciplinary punishment for civil servants.
6. Administrative Appeals is an administrative effort that can be taken by the disaffected PNS against the disciplinary punishment of a stop with respect not on his own request or the dismissal of no disrespect as a PNS who dropped by officials who are authorized to punish, to the Keemployment Advisory Board.
7. The Minister is the minister who organizes government affairs in the field of atonement for the state apparatus.
BAB II
THE POSITION AND TASK
Section 2
(1) With the Regulation of the Government it is formed by the Governing Body of the Service, which is then called BAPEK.
(2) BAPEK is located below and is responsible directly to the President in accordance with the provisions of the laws.
Section 3
BAPEK has a task:
a. Give consideration to the President for the fall of disciplinary punishment of transfer in order to lower rank, exemption from office, stop with respect not on your own request, and stop. not with respect as a civil servant, for the PNS who occupied the structural office of echelon I and other officials the appointment and termination of his by the President;
B. examine and take decisions on the administrative appeal of a civil servant who is sentenced to discipline in respect of a stop with respect not on his own request or the dismissal of no disrespect as a civil servant by the officials of the staffing. And/or the governor as vice-government.
BAB III
THE MEMBERSHIP ARRANGEMENT
Section 4
(1) The BAPEK consists of:
a. A Chairman is a member of the Member;
B. A Secretary is a Member of the Board; and
C. 5 (5) Member States.
(2) The BAPEK membership of the membership as referred to in paragraph (1) is as follows:
a. The Minister as Chairman is a Member of the Board;
B. Head of the State Board of State employees as the Member Secretary;
C. Cabinet Secretary as Member;
D. Head of the State Intelligence Agency as a Member;
e. The Young Attorney General, who has the state's affairs and the state's business, the Attorney General, as a Member;
f. Director-General of the Law, the Ministry that organizes government affairs in the field of law and human rights as a Member; and
G. Chairman of the National Board of Staff of the Republic of Indonesia Employee Corps as a Member.
Section 5
Further provisions regarding the Chairman, Secretary, and Members of BAPEK's work as referred to in Section 4 are governed by the Regulation of Ministers.
Section 6
(1) To assist the agility of the implementation of the BAPEK duties as referred to in Article 3 formed the BAPEK Secretariat headed by the BAPEK Secretary.
(2) Susunan of the organization and the work governance of the BAPEK Secretariat as referred to in paragraph (1) is governed by the Regulation of the Head of the State Board of the State.
(3) The BAPEK Secretariat employees are derived from the PNS who were appointed and dismissed by the Head of the State Governing Body in accordance with the provisions of the laws.
BAB IV
ADMINISTRATIVE APPEAL
Section 7
(1) PNS who is sentenced to discipline in respect of a stop with respect not on his own request or the dismissal of no disrespect as a civil servant by the Officer Pembina Keservants or the Governor as Vice-Government can appeal Administrative to BAPEK.
(2) The administrative appeal as referred to in paragraph (1) is submitted in writing to the BAPEK and its findings are communicated to the Officer Pembina of the Public Service or the Governor as the Deputy Government containing the reasons and/or evidence of the disclaition.
(3) The administrative appeal as referred to in paragraph (1) is submitted at most 14 (fourteen) days, counting since the date of the disciplinary penalty decision received.
(4) The submitted administrative appeal exceeds the time timeout as referred to in paragraph (3), not acceptable.
Section 8
(1) The Deputy Government Officer or Governor as a Deputy Government as referred to in Section 7 of the paragraph (2), must provide a response and/or proof of the disciplinary breach which is delivered to BAPEK at most 21 (twenty-one) working days Since the date of the receipt of the administrative appeal.
(2) If the Acting Officer of the Employee of the Service or the Governor as the Vice Government does not provide a response in time as referred to in verse (1), BAPEK is taking a decision on administrative appeals based on existing evidence.
Section 9
(1) BAPEK is required to check and take a decision within the longest time of 180 (one hundred eighty) days since the receipt of the administrative appeal.
(2) The BAPEK in taking the decision as referred to the paragraph (1) is exercised through the BAPEK hearing.
Section 10
(1) The BAPEK Trial as referred to in Article 9 of the paragraph (2) is performed at least 1 (one) times in each month.
(2) The BAPEK Session is declared valid if attended by the Chairman, Secretary, and at least 3 (three) members of the Member.
Section 11
(1) BAPEK in taking decisions is done with deliberations for the mufakat.
(2) In the matter of deliberation for the assemblies as referred to in paragraph (1) is not achieved, the decision is taken with the most votes.
(3) BAPEK ' s decision may strengthen, weigh, lighten, or rescuse the decision of Officer Pembina Keemployers or the Governor as Deputy Government.
(4) The BAPEK decision is signed by the Chairman and the Secretary;
(5) BAPEK decisions are binding and are required to be executed by all related parties;
(6) BAPEK ' s decision is delivered to the PNS who filed for administrative appeals, Officer Pembina Keemployers or the Governor as the Deputy Government, and other related Officials.
Section 12
In carrying out the examination task, BAPEK authorities request additional captions of the concerned PNS, the Acting Officer, or any other party deemed necessary.
BAB V
THE FUNDING
Section 13
Any funding required for the implementation of the BAPEK task is charged in the State Revenue and Shopping Budget placed on the State Board of the State Board of Employees.
BAB VI
THE TRANSITION PROVISION
Section 14
The objection that in this Government Regulation is called the administrative appeal submitted to BAPEK before the enactment of this Government Regulation, valid provisions:
1. The objection and response has been received by BAPEK, but has not been broken up then the completion is done under the provisions before this Government Regulation.
2. The objection has been received by BAPEK, but the response has not yet been received, hence its completion is done under this Government Regulation.
BAB VII
CLOSING PROVISIONS
Section 15
In the event this Government Regulation shall begin to apply the terms of the conduct regulations regarding the existing BAPEK before this Government Regulation is in effect, it is declared to remain in effect as long as not contradictory and unaltered under the Regulation. This government.
Section 16
At the time this Government Regulation came into effect, the Presidential Decree No. 67 of 1980 on the Governing Body, as amended by the Presidential Decree No. 71 of 1998 on the Change of Presidential Decree No. 67 1980 on the Keemployers Advisory Board, revoked and declared to be not valid.
Section 17
This Government Regulation shall come into effect on the date of the promulctest.
In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
Set in Jakarta
On April 18, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on April 18, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
PATRIALIST AKBAR
