46 days of missing work, civil servants dismissed

Samarinda, 7/11/12. Civil Servants are required to carry out their duties including the Head during work attendance, if at any time years of absence from work for 46 days or more then severe sanctions are imposed waiting, namely honorable dismissal at one's own request or dishonorable dismissal as a civil servant.

This was expressed by the Head of the Employee Legal Status Sub-Sector, East Kalimantan Province Regional Civil Service Agency, Zaitun Sriyana, SH as a resource person at the socialization of Government Regulation Number 53 of 2010 concerning Civil Servant Discipline and BKN Regulation No. 21 of 2010 to all employees and female employees of the East Kalimantan Bappeda in the Pola Dasar meeting room, first floor of the East Kalimantan Bappeda, Jl, Kusuma Bangsa Samarinda, which was attended by around seventy-five employees and female employees.

The resource person was accompanied by the Secretary of the East Kalimantan Bappeda, Ir.H. Nazrin, M.Si added that honorable dismissal at one's own request or dishonorable dismissal as a civil servant must go through a long process in accordance with legal corridors, for example light, medium and severe warnings.

Discipline is enforced with a light penalty of being absent from work for 5 to 15 working days, consisting of 5 working days receiving a verbal warning from the immediate superior, 6 to 10 working days receiving a written warning, and 11 to 15 working days receiving a written statement of dissatisfaction.

Meanwhile, moderate penalties for violating discipline do not come to work for 16 to 30 working days, with details of 16 to 20 working days being punished by postponing periodic salary increases for 1 (one) year; 21 days to 25 working days are subject to a penalty of delaying promotion for 1 (one) year; and 26 days to 30 working days, you will be sentenced to demotion to a lower level for 1 (one) year.

Meanwhile, sanctions in the form of severe penalties if you violate discipline by being absent from work for 31 to 46 working days or more, with details of 31 to 35 working days are subject to demotion to a lower level for 3 (three) years; 36 days to 40 working days are sentenced to transfer in order to reduce positions to a lower level who occupy structural or functional positions and 41 days to 45 working days are sentenced to release from position for civil servants who occupy structural or functional positions; and for 46 working days or more, you will be sentenced to honorable dismissal at your own request or dishonorable dismissal as a civil servant.

If all elements of violating civil servant discipline have been achieved then the person concerned can be processed for dismissal as a civil servant. Said the source, Zaitun Sriyana, SH.

The enthusiasm of the participants who attended was very high as evidenced by the many participants' questions which were guided by the Secretary of the East Kalimantan Bappeda to the resource persons discussing various issues ranging from punishment or a form of punishment for those who violate regulations to employees who carry out their duties very well who must receive awards/riwods in the form of welfare or promotion.

The background to the enactment of Government Regulation Number 53 of 2010 includes: 1. Public demands for improvements in civil servant performance and services in line with the implementation of bureaucratic reform; 2. Adjustment of authority for officials who have the right to impose disciplinary penalties in line with regional autonomy; 3. Imposing the same disciplinary punishment for the same type of disciplinary violation by linking the obligations and prohibitions violated with the level and type of punishment imposed; 4. Emphasize the gradual delegation of authority to each structural official to be able to impose disciplinary penalties on civil servants who commit disciplinary violations; 5. Developing courage for every structural position holder to impose disciplinary punishment on employees in their environment.

Procedures for summoning, examining, imposing and delivering disciplinary punishment decisions (HD) include:

a. Summonsis broken down into four points, namely: 1. Civil servants suspected of committing disciplinary violations are summoned in writing by their immediate superiors for examination; 2. Summons to civil servants suspected of committing disciplinary violations shall be made no later than 7 (seven) working days before the examination date; 3. If the person concerned is not present on the date he or she is supposed to be examined, a second summons will be made no later than 7 (seven) working days from the date the person concerned is supposed to be examined on the first summons; 3. If the relevant civil servant is not present on the examination date, the official who has the authority to sentence will impose HD based on the available evidence and information without carrying out an examination.

b. Inspectionis broken down into 7 (seven) points, including: 1. Before a civil servant is sentenced to HD, for any direct reason, he or she is obliged to first examine the civil servant suspected of committing a disciplinary violation; 2. The inspection is carried out in a closed manner and the results are stated in the form of a BAP; 3. The BAP must be signed by the examining official and the civil servant being examined; 4. In the event that the civil servant being examined is not willing to sign the BAP, the BAP will still be used as the basis for imposing disciplinary punishment; 5. Civil servants who are examined have the right to receive a photocopy of the BAP; 6. Based on the results of the examination, the official who has the authority to sentence imposes HD; 7. The HD decision must state the disciplinary violations committed by the civil servant concerned.

c. Imposing Disciplinary Punishments (HD) is described into 4 (four) points including: 1. If according to the results of the examination, the authority to impose HD on a civil servant is the authority of: a. The direct superior concerned, then the direct superior is obliged to drop the HD; b. A higher official, the direct superior is obliged to report hierarchically to the BAP; point 2. Specifically for disciplinary violations that carry the threat of moderate or severe punishment, an Investigation Team can be formed by the PPK or other appointed official (article 25 PP 53 of 2010); 3. The Audit Team consists of direct superiors, supervisory elements and personnel elements or other appointed officials; 4. If necessary, the direct superior, the Investigation Team or the official with the authority to punish can ask for information from other people.