Malfeasance-Convicted Civil Servants to be Discharged, Minister Says

By Office of Assistant to Deputy Cabinet Secretary for State Documents & Translation     Date 6 Maret 2019
Category: News
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6MaretMinister of State Apparatus Empowerment and Bureaucratic Reforms (PANRB) Syafruddin has once again reiterated the Government’s firm action against civil servants who are convicted of committing malfeasance.

According to him, those civil servants will be discharged immediately.

The statement was made by Minister Syafruddin in a Circular Letter Number B/50/M.SM.00.00/2019 dated 28 February 2019, which is addressed to: 1. Working Cabinet Ministers; 2. Commander of the Indonesian National Defense Forces (TNI); 3. Chief of Indonesian National Police (Polri); 4. Attorney General; 5. Heads of Non-ministerial Government Institutions; 6. Heads of State Institutions’ Secretariat; 7. Heads of Non-structural Institutions’ Secretariat; 8. Governors; and 9. Regents/ Mayors.

In implementing the fourth dictum of Joint Decision Letter between Minister of Home Affairs, Minister of PANRB and Head of the National Civil Service Agency (BKN) dated 13 September 2018, those involved in malfeasance case with an inkracht (a final and binding court ruling) status must be dishonorably discharged from their position as civil servants.

“The discharge shall commence as of the date of stipulation of dishonorably discharge decision as civil servants,” point 2b of the Circular Letter reads.

Regarding civil servants who have received disciplinary sanctions before dishonorably discharge is decided, the disciplinary sanctions must be revoked first, and afterwards they will be imposed with dishonorably discharge status.

As for civil servants who will be dishonorably discharged but  have been charged with a final and binding court ruling after the Joint Decision Letter is effective, the discharge will be implemented according to the provisions of the law and regulations.

The Circular Letter also regulates that Employee Supervisor (PPK) and Authorized Officer who do not impose dishonorably discharge status on malfeasance-convicted civil servants will be imposed with administrative sanctions namely suspension from work without pay and benefits, as referred to in Article 81 paragraph (2) letter c of Law Number 30 of 2014 on Government Administration.

“This Circular Letter shall apply no later than 30 April 2019, and the implementation will be reported to the Head of the BKN, while the copy of the report is addressed to Minister of Home Affairs and Minister of PANRB,” point 6 of the Circular Letter reads.

For the record, the copy of this Circular Letter is addressed to the President, Vice President, Minister of Home Affairs, Head of BKN, Head of the Supreme Audit Agency (BPK), and Head of the Corruption Eradication Commission (KPK). (EN/JDIH Kementerian PANRB/ES)



Translated by : Rany Anjany Subachrum
Edited by : Muhardi/M. Esan Pamungkas

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