JAKARTA The issue of Husein Ali Rafsanjani, a young teacher in Pangandaran Regency, West Java has indeed subsided. West Java Governor Ridwan Kamil and Pangandaran Regent Jeje Wiradinata have had direct dialogue with him and invited Husein to return to teaching as a teacher with the status of a Civil Servant (PNS).
Ridwan Kamil made an offer for Husein to teach at schools under the auspices of the provincial government. Meanwhile, Jeje hopes that Husein will continue to teach in schools under the auspices of the district government.
Husein is a teacher of SMPN 2 Pangandaran who reported the alleged illegal levies he experienced during the Basic Training of Civil Servant Candidates (Latsar CPNS) in 2020. As a result of his report, he admitted that he experienced intimidation and decided to resign as a civil servant.
Even though it has subsided, the Federation of Indonesian Teachers' Unions (FSGI) still asks for the settlement of cases not only using a political approach, but still guided by laws and regulations. Moreover, many aspects in this case must be dealt with firmly so that there is a deterrent effect and will not be repeated in the future.
Thus, the commitment of the West Java Provincial Government and the Pangandaran Regency Government in eradicating extortion as instructed by President Jokowi is really real and can be a good example for other regions.
"The reporting teacher in this case is lucky because the case went viral after the person concerned spoke openly on social media. Because the political atmosphere is also warming towards 2024, but for similar cases where teachers get intimidation from bureaucracy in various regions, the resolution is not as lucky as the case of this teacher of SMPN 2 Airport," said Retno Listyarti, chairman of the FSGI expert board in a statement received by VOI on May 15, 2023.
The first aspect is about reporting. Reports of alleged extortion, said FSGI Secretary General Heru Purnomo, should not have posed a threat to the reporter even though the ASN report was wrong. The settlement can use ASN laws and regulations, including Government Regulation Number 53 of 2010 concerning Civil Servants and Law Number 14 of 2005 concerning Teachers and Lecturers.
"Considering that the complainant is an ASN teacher, the Teacher Law and the Lecturer gives the right of the reporting teacher to defend himself, not to be tried with an intimidating approach," said Heru.
Aspect kedua, kalau benar ada arogansi dan ancaman dari pihak birok terhadap guru pelapor, maka seharusnya pihak Bupati memerintahkan pembentukan tim investigasi untuk memastikan dugaan pungli tersebut. Jika terbukti, oknum yang terlibat wajib diberikan sanksi sesuai peraturan perundangan yang berlaku.
The investment team is a joint team from a number of related OPDs, such as the Regional Inspectorate, the Regional Personnel Agency (BKD), and the Education Office.
Aspect ketiga, FSGI menilai juga ada dugaan kepelahan administrasi terkait surat pengunduran diri Husein yang lama diproses. Terlebih, selama lebih dari satu tahun sebelum pengunduran diterima, Husein sudah tidak menjalankan tugas menjak. Ini perlu dikaji apakah selama tidak menjak, dia terus menerima salary?
Because, in the provisions of Government Regulation No. 56/2010 concerning the discipline of civil servants, a civil servant who does not come to work for 30 consecutive days can be fired
"Since March 2022 until now, they have not served at SMPN, the work unit where the reporting teacher is on duty, meaning that it has been more than 1 year without working or not carrying out their duties, but the Regency Government has not taken any action to resolve this case in accordance with applicable laws and regulations, not only focusing on the reporting ASN teacher," the Deputy Secretary General of FSGI Mansur added.
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From these aspects, FSGI strongly suspects that there is an inaccuracy in the management of staffing and planning of the training budget. The employee control communication approach is also not effective, causing employee dissatisfaction.
If it is true that the withdrawal of a sum of money to CPNS is to help some of the training financing carried by the government due to a diversion of the budget to overcome COVID-19, according to the Head of the FSGI Legal Study Team, Guntur Ismail, it remains only to communicate well. Use an ASN family approach.
"The word extortion in employee matters will not appear if there is effective cooperation and coordination," he said.
Allegations of inaccuracies, arbitrarily against ASN and illegal levies in the handling of Pangandaran ASN teachers have the potential to violate obligations and prohibitions regulated in administrative law and Presidential Regulation.
First, Law of the Republic of Indonesia Number 30 of 2014 concerning Government Administration article 10 paragraph (1) letter d.
The general principles of good governance (AUPB) referred to in this law include the principle: a. legal certainty; b. benefit; c. impartiality; d. accuracy; i. not abusing authority; f. openness; g. public interest; and h. good service.
Second, Government Regulation of the Republic of Indonesia Number 53 of 2010 concerning Civil Servant Discipline article 3 number 4, obey all provisions of the legislation. Number 9, work honestly, carefully, and be enthusiastic for the benefit of the state. As well as article 3 number 17, comply with official regulations set by the competent authorities.
Also, Article 4 number 9, acts arbitrarily against his subordinates.
Third, violating the Presidential Regulation of the Republic of Indonesia Number 87 of 2016 concerning the Illegal Sweeping Sweeping Task Force.
"On that basis, we encourage administrative law enforcers, in this case it is the duty and function of the West Java Provincial Inspectorate who must take the initiative to take steps to resolve the issue, of course by upholding the interests of the law and justice of the expectations of the community, which are in accordance with the provisions of the legislation," concluded Retno.
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