The Principle of Legal Certainty in Dismissal of Civil Servants who have Reached the Retirement Age Limit and are Undergoing the Corruption Criminal Court Process

Abstract

Civil Servant (PNS) is any government official who is part of the State Civil Apparatus (ASN) and has a working relationship with the state. The relationship is that civil servants are obliged to work in a government position and get protection and fulfillment of their rights. As ius constitutum, regulation of civil servants in Indonesia is regulated in Law Number 5 of 2014 concerning State Civil Apparatuses, which regulates retirement guarantees. In its implementation, obstacles arise if there are civil servants who have reached the Retirement Age Limit but at the same time are undergoing a corruption trial process that has not been inkracht. These Obstacles are the impact of the absence of the principle of legal certainty. The purpose of this study is to find out the legal regulations/norms regarding the dismissal of civil servants who have entered the retirement age limit and are currently undergoing a criminal justice process for corruption and the obstacles to its implementation from the aspect of the principle of legal certainty. The type of research used in this article is normative legal research. The results of the study, based on positive legal, show that the dismissal of civil servants who have reached the Retirement Age Limit has been regulated in Law Number 5 of 2014 concerning State Civil Apparatuses and their implementing regulations. However, there is still a void in legal norms governing civil servants who enter the Retirement Age Limit but at the same time undergo a trial process for criminal acts of corruption. This situation that the principle of legal certainty was not fulfilled and hampered the process of law enforcement in the state administration. For this reason, local governments are advised to immediately change or add to the legal norms contained in the Laws and Regulations, which specifically regulate civil servants who have entered the Retirement Age Limit but at the same time are undergoing a criminal justice process, so as to provide legal certainty and not create obstacles of the law of state administration.