KAJIAN YURIDIS PERKARA PTUN NOMOR 27/G/2016/PTUN/PDG DALAM PENYELESAIAN SENGKETA PEMBEBASAN SEMENTARA DARI JABATAN FUNGSIONAL KEPALA BADAN KEPEGAWAIAN DAN DIKLAT KABUPATEN PASAMAN BARAT

Abstract

In the provisions of Article 53 Paragraph (2) letter B of Law Number 5 of 1986 concerning the State Administrative Court, the reason used in the lawsuit is that the State Administrative Agency/Official at the time of issuing the decision has used its authority for purposes other than the purpose for which the authority was granted. The Head of the West Pasaman Personnel and Training Agency was temporarily released by the West Pasaman Regent, this is an arbitrary act by the West Pasaman Regent. Problem Formulation: 1) What are the considerations of the Judge in the PTUN case Number: 27/G/2016/PTUN/PDG regarding the settlement of the dispute over the temporary release from the Functional Position of the Head of the West Pasaman Regency Personnel and Training Agency?, 2) What are the legal consequences of the temporary release from the Functional Position of the Head of the West Pasaman Regency Personnel and Training Agency in the PTUN case Number: 27/G/2016/PTUN/PDG? The research method uses a normative legal research type, data sources use secondary data, data collection techniques use document studies, and data analysis with qualitative analysis. Research Results: 1) The Judge's consideration in case Number: 27/G/2016/PTUN/PDG on the procedural aspect has proven that the issuance of this disputed object is legally flawed. 2) The legal consequences accepted by the parties, that based on Decision Number: 27/G/2016/PTUN/PDG requires the Defendant to revoke the Decree of the Regent of West Pasaman Number: 800/800/BKD/2016 Concerning the Temporary Release of Nofdinal Yefri as Head of the Personnel and Training Agency of West Pasaman Regency.