ANALISIS YURIDIS PUTUSAN PTUN JAKARTA NOMOR 475/G/2024/PTUN.JKT TENTANG PEMBERHENTIAN TIDAK DENGAN HORMAT ANGGOTA KEPOLISIAN REPUBLIK INDONESIA

Abstract

ABSTRACT

JURIDICAL ANALYSIS OF THE JAKARTA ADMINISTRATIVE COURT DECISION NUMBER 475/G/2024/PTUN.JKT REGARDING DISMISSAL NOT WITH HONOR OF A MEMBER OF THE INDONESIAN NATIONAL POLICE

Name                           : MOKHAMAD ERKHAM GOZALI

Student ID                   : 23040704418

Study Program            : Bachelor's Degree in Law

Name of Institution      : Universitas Negeri Surabaya

Supervisor                   : Ahmad Nailul Author, S.H, S.I.P., M.H.

This research focuses on the analysis of the Jakarta State Administrative Court (PTUN) Decision Number 475/G/2024/PTUN.JKT. This research is a normative legal study with a conceptual, legislative, and case approach. The research findings emphasize that the judge's considerations in the Jakarta Administrative Court Decision Number 475/G/2024/PTUN.JKT were incorrect because they overlooked procedural defects that occurred in the Indonesian National Police Professional Ethics Code Commission hearing Number PUT/27/XI/2023. The legal reasoning of the judge in the Jakarta Administrative Court Decision Number 475/G/2024/PTUN.JKT also has not accommodated the principle of audi et alteram partem, especially in the context of the Indonesian National Police Professional Ethics Code Commission hearing, which grants the plaintiff or the alleged violator the right to defend themselves by presenting witnesses and evidence that could mitigate the allegations of ethical code violations. Therefore, the Jakarta Administrative Court judges in adjudicating case Number 475/G/2024/PTUN.JKT should partially grant the plaintiff's lawsuit and declare that the session of the Police Professional Ethics Code Commission Number PUT/27/XI/2023, which was subsequently followed up by the Decision of the Chief of the Indonesian National Police Number: Kep/1619/IX/2024, is procedurally flawed.

Keywords: Police Ethics, Dismissal Without Honor, Judge's Consideration, Employment Dispute.