pISSN: 2723 - 6609 e-ISSN: 2745-5254
Vol. 5, No. 8 August 2024 http://jist.publikasiindonesia.id/
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3046
Application of Civil Servant Discipline at Batam City
Education Office in Socio-Psycho-Juridical Perspective
Jelita Adelina Bago
1
*, Rina Shahriyani Shahrullah
2
, Nurlaily
3
Universitas Internasional Batam, Indonesia
Email:
1*
2
3
*Correspondence
ABSTRACT
Keywords: civil servant,
discipline, batam city
education office.
The Indonesian state has Civil Servants who have functions
as public servants, glue and unify the nation as well as policy
implementers as state civil servants. Violations of work
discipline often create discomfort in the work environment,
interfere with productivity and damage relationships
between colleagues. For example, what happened in Batam
City was that two civil servants who skipped work were
dismissed for violating the code of ethics. Therefore, this
study aims to analyze and provide recommendations for
efforts to improve the application of civil servant discipline,
especially at the Batam City Education Office. This research
was obtained through in-depth interviews with the Head of
the Batam City Education Office and civil servant staff as
well as analyzing documents related to civil servant
discipline regulations, journals, research results and books.
Based on the results of the study, the application of civil
servant discipline at the Batam City Education Office is still
not optimal. Things that have not been optimal in the social
field related to human relations on the productivity of civil
servants, the psychological field is the awareness and
willingness of individuals to contribute positively in their
work environment, while the related juridical field has not
been optimal in implementing legal certainty in
implementing civil servant discipline due to the lack of
firmness from the Head of the Batam City Education Office
in cracking down on civil servants who are not disciplined at
work.
Introduction
Article 1 Paragraph (3) of Law Number 20 of 2023 concerning the State Civil
Apparatus states that Civil Servants (PNS), hereinafter abbreviated as PNS, are
Indonesian citizens who meet certain requirements and are permanently appointed by
personnel supervisory officials to occupy positions in the government (Andrianto, 2020).
This means that to become a civil servant, one must be an Indonesian citizen, meet the
set requirements, and be permanently appointed by the personnel supervisory officer to
Application of Civil Servant Discipline at Batam City Education Office in Socio-Psycho-
Juridical Perspective
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3047
carry out duties and responsibilities in various positions within the government (Amboro
& Persyadayani, 2021). Civil Servants (PNS) in government organizations should be
people who have a high level of professionalism and integrity so that they can work
together to improve performance to build and advance an institution or organization. By
maintaining good discipline, an employee can increase his productivity, build a good
reputation at work, and make a positive contribution to the organization where he works.
For employees, maintaining discipline is one of the main factors to achieve success in
completing their duties and responsibilities (Susantinah, 2020). On the other hand,
organizations will also benefit from the implementation of discipline policies. Without
discipline and clear arrangements for disciplinary action, the effectiveness of the
organization will be significantly limited (Sunaryo, 2022). The most important discipline
is the ability to manage time efficiently, including in terms of timely attendance at the
office. The consequence of this indiscipline is the sanction that will be imposed (Ichsan,
Surianta, & Nasution, 2020).
Article 11 of Law Number 20 of 2023 concerning the State Civil Apparatus (ASN)
states that the duty of ASN Employees (PNS) is to carry out public policies that have been
made by the Personnel Supervisory Officer by applicable laws and regulations; providing
professional and high-quality public services; and strengthen the unity and unity of the
Unitary State of the Republic of Indonesia. As the main element in the human resources
of the state apparatus, the State Civil Apparatus (ASN) has a crucial role in the success
of government administration and development (Julyano & Sulistyawan, 2019).
The role of Civil Servants (PNS) in every government structure is very vital because
they are the backbone of carrying out the national development agenda. To achieve the
effectiveness of the implementation of government and development tasks, professional,
responsible, honest, and fair civil servants are needed, which are regulated by the
applicable work and career achievement system. As part of the state apparatus and public
servants, civil servants have the responsibility to be a good example for the community
in behaviour, actions, and compliance with applicable regulations and laws (Mutohar,
2018). To maintain order and smooth implementation of duties, every civil servant is
required to comply with civil servant discipline by the provisions that have been regulated
in the civil servant discipline regulations. Civil servant discipline refers to the ability of
civil servants to comply with obligations and avoid violations that have been stipulated
in laws and regulations, as explained in Article 1 paragraph (4) of Government Regulation
of the Republic of Indonesia Number 94 of 2021 concerning Civil Servant Discipline
(Nababan & Shahrullah, 2021).
Civil Servants must improve their performance through work discipline to improve
the quality of human resources. Civil Servants, as part of the government apparatus and
public servants, have the responsibility to maintain the dignity and image of the civil
service for the benefit of the community and the state. However, in various government
agencies, there are often disciplinary violations such as late arrivals, lack of morale, early
departure, and other violations (Putra, 2023). This can result in low productivity of the
employees concerned, thereby hindering the progress of government and national
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Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3048
development, and causing disappointment among the community. For example, what
happened in Batam City was two Batam civil servants who were fired for skipping work,
and two civil servants who were dismissed for violating the code of ethics (Yusak &
Subroto, 2023).
Work discipline is a step to increase awareness and compliance with all company
regulations and applicable social norms, it is important to implement work discipline. One
approach, in this case, is to provide sanctions in the form of punishments and reprimands
as an effort to create a deterrent effect for employees, as well as to prevent the repetition
of mistakes and improve their performance. Disciplinary violations that often occur
include late arrivals, absences without clear reasons, leaving early, and various other
forms of violations that result in low productivity of the employees concerned, as well as
hindering the development process in the government environment. This is important to
overcome for the realization of good governance (Sutoro, Mawardi, & Sugiarti, 2020).
According to Batam Mayor Regulation Number 37 of 2023 concerning Main
Duties, Functions, Job Descriptions, and Work Systems within the Education Office, the
Head of the Batam City Education Office has the main responsibility to lead, regulate,
formulate, foster, control, coordinate, and be responsible for technical policies for the
implementation of local government affairs in the field of Regional Education. All these
actions are carried out by the principle of autonomy and assistance duties, as well as by
holding the authority that has been determined.
Based on the Circular Letter of the Minister of State Apparatus Empowerment and
Bureaucratic Reform Number 16 of 2022 concerning the Obligation to Comply with the
Provisions of Working Hours for State Civil Apparatus, which was then implemented
through the Batam Mayor Circular Letter Number 47 of 2022, the obligation to comply
with the provisions of working hours for State Civil Apparatus within the Batam City
Government is clarified, where in Point 5 letter (c) it is stated that the number of effective
working hours for Local Government Agencies that Carry out 5 (five) or 6 (six) working
days to meet a minimum of 37.5 hours per week.
Based on data from the State Civil Apparatus Advisory Board (BPASN) of the State
Civil Service Agency in 2021-2022, it was found that there were cases of violations of
civil servant discipline that were administratively appealed at BPASN, including non-
attendance at work (152 cases), criminal acts of position/having a relationship with the
position (36 cases), drugs (28 cases), cases of living together without marriage/violation
of PP 10/1983 jo 45/1990 concerning Marriage and Divorce Permits for Civil Servants
(26 cases), and abuse of authority (23 cases). The importance of work discipline for Civil
Servants (PNS) as a vital element in government administration and national
development. Referring to Article 11 of Law Number 20 of 2023 concerning the State
Civil Apparatus (ASN), civil servants are expected to implement public policies, provide
professional public services, and strengthen the unity and unity of the Republic of
Indonesia. The role of civil servants is considered crucial in supporting the effectiveness
of the implementation of government duties, which requires high professionalism,
responsibility, and integrity.
Application of Civil Servant Discipline at Batam City Education Office in Socio-Psycho-
Juridical Perspective
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3049
However, cases of discipline violations that occur quite often, such as skipping
work, being late, or leaving early, show that there are challenges in realizing civil servants
who are in accordance with the expectations of the law. In overcoming this, various
regulations have been implemented, including the provision of strict sanctions to increase
the deterrent effect and improve the performance of civil servants.
In the context of Batam City, special regulations such as Batam Mayor Regulation
Number 37 of 2023 and Circular Letter related to the provisions of ASN working hours
emphasize compliance with existing rules to ensure optimal implementation of duties.
Data from the State Civil Apparatus Advisory Board (BPASN) also shows that
disciplinary violations, such as absenteeism without clear reasons and abuse of authority,
are still an issue that needs to be dealt with seriously.
This approach emphasizes the need for strict supervision and consistent discipline
enforcement to maintain the integrity and productivity of civil servants, which ultimately
has an impact on the quality of public services and the success of the national
development agenda.
In this regard, below is the data on civil servant discipline at the Batam City
Education Office as follows:
Table 1
Data on Discipline of Civil Servants Working Hours of the Batam City Education
Office
No.
Year
Number of Civil
Servants Late/Speed
(Coming/Returning)
Total
PNS
Percentage
(%)
1
2022
71
98
72
2
2023
65
91
71
68
95
72
From the data mentioned above, it can be seen that the highest case of disciplinary
violations committed by civil servants is not coming to work. This is also in line with data
from the Batam City Education Office which shows a fairly high violation of working
hour discipline committed by civil servants of the Batam City Education Office. The
Batam City Education Office is one of the government agencies that has an important role
in the implementation of education in Batam City. So in carrying out this role optimally,
civil servants at the Batam City Education Office are important to have high discipline.
Therefore, the application of civil servant discipline at the Batam City Education Office
needs to be studied in depth.
Based on the above explanation, this research is important to carry out and has a
novelty value because it specifically aims to analyze the factors that affect the
implementation of civil servant discipline, obstacles in the implementation of civil servant
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Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3050
discipline and provide recommendations for efforts to improve the implementation of
civil servant discipline at the Batam City Education Office. In connection with these
objectives, the questions of this research are 1) How to apply civil servant discipline to
the Batam City Education Office from a social perspective? 2) How is the application of
civil servant discipline at the Batam City Education Office from a psychological
perspective? 3) How is the application of civil servant discipline at the Batam City
Education Office from a juridical perspective? 4) What are the consequences, obstacles
and solutions related to the implementation of civil servant discipline at the Batam City
Education Office?
To answer these questions, especially those related to the juridical perspective, the
researcher uses Gustav Rachbruch's Theory of Legal Certainty as an analysis tool. The
most basic legal theory is that justice and utility must come first before legal certainty can
be realized. According to Gustav Radbruch, when discussing legal certainty, not only the
purpose of the law is the focus, but also the general atmosphere that exists. From this
perspective, it can be understood that without legal certainty, individuals will not know
what actions should be taken, so uncertainty will arise and eventually lead to chaos due
to the lack of clarity in the legal system. Through legal certainty, each individual can
predict the consequences of the legal action they take. Legal certainty is defined as a
person's ability to obtain something fairly.
Research Methods
The author uses two types of research in this study, namely "normative legal
research and empirical legal research." Normative legal research leads to the analysis of
legal rules, norms, legal principles, and legal doctrines that are relevant to the research
topic. Empirical legal research, on the other hand, is "research conducted in the field,
directly within society." The data sources of this research are primary data and secondary
data. Primary data was obtained through in-depth interviews with key informants, such
as the Head of the Civil Servant Service and the Staff of the Batam City Education Office.
Meanwhile, secondary data was obtained from documents related to civil servant
discipline regulations, journals, previous research results, and books relevant to the
research theme. All collected data were analyzed using a qualitative approach (Sumarna
& Kadriah, 2023).
Stages in Research:
1. Selection of Research
Topics
Application of Civil Servant Discipline at Batam City Education Office in Socio-Psycho-
Juridical Perspective
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3051
Results and Discussion
The Application of Civil Servant Discipline at the Batam City Education Office from
a Social Perspective
Hasibuan listed several factors that affect work discipline, including:
1. Purpose: Employees tend to be more disciplined if they understand and have awareness
of the organization's goals or the tasks they perform.
2. Ability: Employees who feel capable of doing their duties are usually more motivated
to become disciplined.
3. Leadership role model: The attitude and behaviour of leaders in maintaining discipline
can affect employee attitudes and behaviours.
2. Use of Two Types of Research
- Normative Legal Research
- Empirical Law Research
3. Data Collection
- Data Primer
* Interviews with Key Informants
* Example: Head of Civil Servant
Service, Staff of the Education Office
- Data Seconds
* Documents related to civil servant
discipline regulations * Journal *
Previous research results * Relevant
books
4. Data Analysis
- Qualitative Approach
- Analysis of Legal Rules, Norms,
Legal Principles (Normative)
- Field Observation (Empirical)
5. Conclusions of Research
Results
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Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3052
4. Reciprocity: Recognition and reward for good performance can increase employee
motivation to maintain discipline.
5. Fairness: Employees tend to be more disciplined if they feel that rules and policies in
the workplace are applied fairly.
6. Inherent supervision (waskat): The existence of continuous supervision can help in
maintaining employee discipline.
7. Punitive sanctions: The threat of sanctions for disciplinary violations can be an
incentive for employees to comply with the rules.
8. Firmness: Consistency and clarity in the application of rules and sanctions can improve
discipline.
9. Human relationships: Good relationships between superiors and subordinates can also
affect the level of discipline in the workplace.
Leadership in determining the level of employee work discipline is very important.
Leaders are figures who are role models for their subordinates, and the attitudes and
behaviours shown by leaders will have a great influence on the work culture and the level
of discipline in the work environment. Therefore, leaders have a great responsibility in
creating a conducive work environment and supporting a high level of work discipline.
By setting a good example and paying attention to important aspects of discipline
management, leaders can play a very important role in improving the effectiveness of the
organization. Human resources in an organization are the individuals who make up the
organization itself, and they have a central role in all aspects of organizational activities.
To achieve the national goals that have been set, Civil Servants (PNS) play a very
strategic role as the main element in the human resources of the state apparatus. The
smooth implementation of government and national development on a large scale
depends on the efficiency and effectiveness of the state apparatus. Thus, the optimal
participation and performance of civil servants are the main keys to achieving success in
achieving national goals.
Based on the results of interviews with the interviewees, it was found that several
social factors affect the implementation of Civil Servant discipline (PNS) at the Batam
City Education Office. Some factors interact with each other and play an important role
in shaping the work culture and discipline within the Batam City Education Office. Some
of these factors include:
Leadership Examples
In the Great Dictionary of the Indonesian Language (KBBI), exemplary has the
meaning of something that should be emulated or a good example to follow, especially in
terms of deeds, behaviour, traits, and so on. Therefore, leadership example refers to a
good example that is shown by a leader and is worthy of being emulated by subordinates
or other team members.
Based on the results of an interview with Mr. Tri Wahyu Rubianto, S.T., M.Si., the
Head of the Batam City Education Office, said "As a Leader, the Head of the Service sets
an example by disciplining himself first so that it can be emulated or followed by other
employees". Agreeing with the Head of the Office, Mrs. Kamalia, S.E., as the Staff for
Application of Civil Servant Discipline at Batam City Education Office in Socio-Psycho-
Juridical Perspective
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3053
Junior High School Development of the Batam City Education Office also said "Wise
leaders are enough to set a good example for subordinates". The same thing was also
conveyed by Mr. Ardiansyah Rinaldy, S.E., who is also the Manpower Development Staff
of the Batam City Education Office, who said that one of the factors that affect time
discipline at work is the example of superiors/leaders.
From the explanation above, it is very clear that the example of leaders has a
significant influence on the application of discipline to Civil Servants (PNS). Leaders
who set a positive example can influence the organizational culture and motivate civil
servants to comply with the expected regulations, work ethics, and standards of
behaviour.
Reply
According to the Great Dictionary of the Indonesian Language (KBBI),
remuneration means: "A reply given to a person or body that has provided services or
assistance."
According to Mrs. Kamalia, S.E., allowances are an important factor that affects
the discipline of civil servants. Then Mr. Abdul Hamid, S.IP., as the Staff for Elementary
School Development of the Batam City Education Office also argued that "one of the
factors that affect time discipline at work is more or enough allowances to meet the needs
of life". The same thing was also conveyed by Mr. Ardiansyah Rinaldy, S.E. as one of
the Staff for Manpower Development, that "reward is one of the factors that affect the
discipline of civil servants". Therefore, it is necessary to pay good attention to designing
and implementing a remuneration system.
Keadilan
KBBI said that justice is the nature (deeds, treatment, and so on) that is fair.
Meanwhile, in the context of law, justice means the fair and equal application of the law
for all individuals.
Mrs. Kamalia, S.E. argued that most Government Agencies have not been able to
apply this principle of justice. And this was experienced by him himself at the Batam City
Education Office. According to him, "the way his boss distributes work to his
subordinates is very unfair. This applies in many government agencies". Meanwhile,
according to Mr. Ardiansyah Rinaldy, S.E and Mrs. Maria Ulfa, S.Pd.SD., the work
distributed by superiors to subordinates at the Batam City Education Office has been
carried out well and evenly and is by the main tasks and functions of each individual.
Therefore, it is important to ensure that the process of implementing discipline is well-
designed, transparent, and consistent.
Inherent supervision (was at)
According to the Great Dictionary of the Indonesian Language (KBBI), inherent
supervision is supervision carried out directly by an official over his subordinates related
to each task that is the responsibility of his subordinates. Thus, inherent supervision is a
form of supervision that is carried out continuously and in detail by direct superiors to
subordinates in carrying out their duties.
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Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3054
Regarding this waskat, Mrs. Kamalia, S.E. said "Leaders must be patient and give
a good understanding to their subordinates." Then Mr. Mhd. Ismail also mentioned "If
there are subordinates who have difficulties in working, usually the boss shares or talks
about it with subordinates". This is in line with the opinion of Mrs Maria Ulfa, S.Pd.SD.
who said "Superiors usually share with subordinates if subordinates have difficulty in
completing work so that problems can be solved/solved". Likewise, Mr. Ardiansyah
Rinaldy, S.E. argued that "If any subordinates have difficulties in working, the superiors
will nurture and usually we hold a meeting to find solutions together so that the problem
can be solved properly". Meanwhile, Mr. Abdul Hamid, S.IP. Directly gave a concrete
example in the application of this, namely, he said: "If there are subordinates who have
difficulties in completing their work, the boss still guides us, for example: when making
a letter, the boss must correct first."
Based on the statements of the speakers above, inherent supervision (waskat) can
play an important role in the application of discipline to Civil Servants (PNS). Therefore,
it is important to execute well-attached oversight, identify potential risks, and design
internal controls accordingly.
Assertiveness
According to KBBI, firmness means clarity or certainty or clear (certain)
information. So, assertiveness is a quality or trait that shows clarity, courage, and certainty
in actions, words, or decisions.
In connection with this decisiveness factor, Mrs. Kamalia, S.E. said "As far as I
know, the leadership at the Batam City Education Office has never given sanctions or
reprimands to undisciplined subordinates". According to Mr Mhd. Ismail, "The leadership
will give a verbal reprimand by being called to the leadership room if there are civil
servants who are not disciplined in obeying the provisions of working hours".
Meanwhile, Mr. Abdul Hamid, S.IP. Argued that "the actions of the leadership against
civil servants who are not disciplined in complying with the provisions of working hours
are usually given a verbal reprimand and if the violation is more serious, it will be
reprimanded in writing. Furthermore, Mr. Ardiansyah Rinaldy, S.E. said "Leaders usually
give verbal reprimands, first and subsequent reprimands, and even coaching civil servants
who are not disciplined". Almost the same as the opinion of the previous speaker, where
Mrs. Maria Ulfa, S.Pd.SD. said "The action of the leadership against civil servants who
are not disciplined in complying with the provisions of working hours is usually that the
leadership will call, in this case the Secretary of the Batam City Education Office gives a
warning, such as being given SP1, SP2 or SP3 sanctions so that the problem does not drag
on."
From the various opinions above, it can be concluded that assertiveness reflects the
ability to make firm decisions and implement them according to applicable rules and
policies. It is important to remember that the nature of assertiveness must be balanced
with wisdom and justice. Firm leadership does not necessarily mean harsh or
authoritarian, but it reflects consistency in the implementation of rules and policies.
Human Relations
Application of Civil Servant Discipline at Batam City Education Office in Socio-Psycho-
Juridical Perspective
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3055
According to the Great Dictionary of the Indonesian Language (KBBI), human
relations are interactions between individuals and other individuals that involve the ability
to recognize a person's nature, behaviour, and personality to achieve satisfaction or
happiness. In this context, human relations emphasize aspects of empathy, understanding,
and good interpersonal relationships to support well-being and harmony between
individuals.
Mr. Tri Wahyu Rubianto, S.T., M.Si. said that social factors that affect civil servant
discipline are family and work environment. He said "Family and work environment has
a great influence on an employee in applying discipline. For example, a person who was
previously good or disciplined will become undisciplined, if he enters into an
undisciplined environment as well. There is a saying that says: if we are friends with a
perfume seller, we will smell like the perfume that is sold, and vice versa, if we are friends
with a salted fish seller, then we will smell of salted fish".
According to Mr. Ardiansyah Rinaldy, S.E., one of the factors that affect time
discipline at work is a good relationship with colleagues in the office. In her interview,
Mrs. Kamalia, S.E. mentioned "the relationship with my fellow employees and superiors
that I feel is good, even though there are a few things that are not good. Especially with
my superiors, I appreciate them as parents, not just leaders". Furthermore, Mr. Abdul
Hamid, S.IP. said that his relationship with fellow employees and superiors "remains solid
and maintains good friendship". Meanwhile, Mrs. Maria Ulfa, S.Pd.SD. Opined that "My
relationship with my fellow employees and superiors is good. But in work, there must be
those who are pleased and those who are not. For now, everything is fine".
From the statements of some of the sources above, it is very clear that the
application of discipline to Civil Servants (PNS) based on humanitarian relations can have
a positive influence on the welfare and productivity of civil servants. Although the
approach based on human relations has its advantages, it is important to remember that
there are situations where firm and fair disciplinary action is still necessary.
The Application of Civil Servant Discipline at the Batam City Education Office from
a Psychological Perspective
This includes psychological factors that affect the discipline of civil servants by the
grouping above, namely: willingness. The Head of the Batam City Education Office,
namely Mr. Tri Wahyu Rubianto, S.T., M.Si. explained that the psychological factor that
affects the discipline of civil servants is "Individual character that comes from within the
individual himself. If the person concerned wants to discipline himself, then he will be
disciplined". In this case, will is included in the psychological aspect that exists in
humans.
In connection with the above, Mr Mhd. Ismail said that "the factor that affects time
discipline in work is ourselves and because we have been paid by the government, we
should be time disciplined". A similar thing was also mentioned by Mrs. Maria Ulfa,
S.Pd.SD, that "the factor that affects the discipline of time in work is awareness, according
to our oath, and because we have been paid. Therefore if we come on time, it will be a
good example in our own Agency".
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Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3056
Based on the statements of various sources above, it is very clear that the
implementation of civil servant discipline does not only depend on formal regulations and
sanctions but is also greatly influenced by the awareness and willingness of individuals
to contribute positively to their work environment.
Application of Civil Servant Discipline at the Batam City Education Office from a
Juridical Perspective
Juridical perspective can be interpreted as a viewpoint or approach to a problem or
phenomenon from a legal perspective. It includes understanding, analyzing, and assessing
an issue based on applicable legal provisions. The juridical perspective often involves the
interpretation of relevant legal norms, legal principles, and legal procedures.
According to Sajipto Rahardjo, it is not only enough to regulate legal regulations,
but also requires a strong and stable institution with great and independent authority. This
institution must be free from pressure or interference from the executive and legislature.
Human resources who fill the institution must also have good and tested morality so that
they can maintain their integrity and are not easily influenced or fallen by certain interests.
Juridical/legal factors that affect civil servant discipline refer to the grouping above
are punitive sanctions. According to Gustav Radbruch's opinion on the Theory of Legal
Certainty, law is something positive that can regulate the interests of every individual
living in a society. Although the law may be considered unfair, the law must still be
obeyed and respected by all members of society. Legal certainty refers to a situation in
which legal rules and provisions have been clearly and definitively determined, thus
providing certainty for every individual in society regarding their rights and obligations.
Thus, despite the injustice in positive law, legal certainty remains the main foundation.
According to Gustav Radbruch, in the theory of legal certainty that he proposed,
four basic things have a close relationship with the meaning of legal certainty itself:
a) Law is a positive thing, which means that positive law is legislation. This indicates
that legal certainty comes from the rules stipulated in the legislation.
b) Laws are based on facts, which means that laws are made based on reality. This means
that the law must reflect the reality that exists in society and the real needs that arise.
c) The facts enshrined in the law must be formulated clearly, to avoid mistakes in their
interpretation and application, as well as facilitate the implementation of the law. This
emphasizes the importance of clarity in the writing and formulation of legal rules to
ensure that the rules can be understood and applied appropriately by all parties
involved.
d) Positive law should not be easily changed Therefore, the Theory of Legal Certainty is
used as an analysis tool.
The importance of legal certainty is in line with the principle contained in "Article
28D Paragraph (1) of the 1945 Constitution of the second amendment, which states that
everyone has the right to fair legal recognition, guarantee, protection, and certainty as
well as equal treatment before the law." This principle emphasizes that legal certainty is
a human right of every individual that must be guaranteed by the state.
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Juridical Perspective
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3057
The principle of "sweet potato juice incertum, ibi jus nullum" (where there is no
legal certainty, there is no law) emphasizes that the existence of law depends on legal
certainty. Without legal certainty, individuals do not have clear guidelines for acting by
applicable laws, which can result in uncertainty, injustice, and chaos in society.
In line with this, Gustav Radbruch explained that legal certainty is one of the main
goals of the law itself. This shows how important legal certainty is in maintaining justice,
stability, and peace in a society.
In this study, there are several opinions conveyed by several speakers related to
legal certainty. According to Mrs. Maria Ulfa, S.Pd.SD., "usually the leadership will call
civil servants who are not disciplined in complying with the provisions of working hours,
in this case the Secretary of the Batam City Education Office gives a warning, such as
being given SP1, SP2 or SP3 sanctions so that the problem does not drag on". The same
thing was expressed by Mr. Abdul Hamid, S.IP., he said that the Leadership's action
against civil servants who are not disciplined in complying with the provisions of working
hours is to be given a verbal reprimand and if the violation is more serious, it will be
reprimanded in writing.
Furthermore, Mr Mhd. Ismail also mentioned that the leadership will give a verbal
reprimand to civil servants who are not disciplined by being called to the leadership room.
The same thing was also stated by Mr. Ardiansyah Rinaldy, S.E., who said "Usually there
is a verbal reprimand, the first and subsequent reprimands. And usually there is coaching
for civil servants who are not disciplined". In contrast to the previous opinion of the
source, Mrs. Kamalia, S.E. said "If it is by the rules, the leadership will give the 1st, 2nd,
or 3rd letter of reprimand to civil servants who are not disciplined. However, as far as I
know, the leadership at the Batam City Education Office has never given sanctions or
reprimands to subordinates who are not disciplined".
Based on the results of interviews with the above speakers, it is very clear that the
Batam City Education Office has not optimally implemented legal certainty in
implementing Civil Servant Discipline. Therefore, firmness is needed from the leadership
of the Batam City Education Office in cracking down on civil servants who are not
disciplined at work.
Consequences, Obstacles and Solutions Related to the Implementation of Civil
Servant Discipline at the Batam City Education Office
1. Consequences of the Implementation of Civil Servant Discipline at the Batam City
Education Office
Based on data from the General and Personnel Section of the Batam City Education
Office, as of December 2023, the number of civil servants at the Batam City Education
Office is 88 people. Civil servants at the Batam City Education Office carry out 5 working
days in 1 week, where the number of effective working hours is at least 37.5 hours per
week. The details of the working hours are as follows.
Table 2
Working Hours of the Batam City Education Office
Jelita Adelina Bago, Rina Shahriyani Shahrullah, Nurlaily
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3058
No.
Day
Business Hours
Break Time
1
Monday
Thursday
07.30 - 16.00 WIB
12.00 -13.00 WIB
2
Friday
07.30 04.30 WIB
11.30 -13.00 WIB
Source: General and Personnel Section of the Batam City Education Office,
2024.
To sharpen the analysis of research findings related to the application of Civil
Servant (PNS) discipline at the Batam City Education Office, confirmation of relevant
research results is needed. The following is an analysis based on the findings of the study
which is confirmed by the results of previous research:
a. The Influence of Leadership on Work Discipline
Research Findings: Based on interviews with interviews, it was found that
leadership examples have a significant influence on the discipline of civil servants in the
Batam City Education Office. Leaders who set a positive example tend to motivate their
subordinates to follow work rules and standards.
Confirmation with Relevant Research: Previous research conducted by Yukl (2010)
stated that transformational leadership, in which leaders set a good example and inspire
their subordinates, is highly influential in improving work discipline. Leaders who are
able to demonstrate high integrity and commitment can often build a disciplined and
effective work culture in their work environment.
b. The Role of Remuneration in Improving Discipline
Research Findings: It was found that remuneration or allowances are one of the
important factors that affect civil servant discipline. The speakers it is said that adequate
and fair remuneration can increase discipline.
Confirm with Relevant Research: According to research conducted by Milkovich
and Newman (2008), fair and competitive remuneration is not only important for
attracting and retaining employees, but also plays a significant role in improving
motivation and work discipline. Civil servants who feel valued through adequate
remuneration tend to have a higher commitment to their work.
c. Fairness in the Distribution of Jobs
Research Findings: Fairness in the distribution of work in the Batam City Education
Office is still a debate. Some speakers felt that the distribution of work was not entirely
fair, while others felt the opposite.
Confirmation with Relevant Research: Research by Adams (1963) through Equity
Theory shows that the perception of fairness in the distribution of work affects employees'
attitudes and behaviors, including their level of discipline. Employees who feel they are
treated unfairly tend to show less than optimal work behavior, including a lack of
discipline.
d. Inherent Supervision Effectiveness (Waskat)
Application of Civil Servant Discipline at Batam City Education Office in Socio-Psycho-
Juridical Perspective
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3059
Research Findings: Inherent supervision or waskat was reported by the interviewees
as an effective tool in ensuring work discipline. Direct and consistent monitoring helps
detect problems and provide solutions quickly.
Confirmation with Relevant Research: Robbins and Judge (2013) in their book
"Organizational Behavior" affirm the importance of inherent supervision in discipline
management. Structured and consistent oversight can prevent disciplinary violations and
ensure employees stay on track in carrying out their duties.
e. Leader's Firmness in Applying Sanctions
Research Findings: The firmness of leaders in applying sanctions for civil servants
who are not disciplined is diverse. Some speakers reported firmness in giving reprimands,
while others felt that sanctions had not been applied consistently.
Confirmation with Relevant Research: According to research by Tannenbaum and
Schmidt (1973), the decisiveness of leaders in making decisions and applying sanctions
is the key to building good work discipline. Leaders who are firm but fair in giving
sanctions tend to create an orderly and organized work environment.
Conclusion
Based on the results of the research, the implementation of civil servant discipline
at the Batam City Education Office is still not optimal. There are still several disciplinary
violations committed by civil servants at the Batam City Education Office. Factors that
affect the implementation of civil servant discipline in the Batam City Education Office
include social factors where human relations can have a positive influence on the welfare
and productivity of civil servants. In addition, psychological factors encourage an
individual's awareness and willingness to contribute positively to their work environment.
Another factor is the juridical factor where the Batam City Education Office has not
optimally implemented legal certainty in implementing civil servant discipline due to the
lack of firmness from the Batam City Education Office Leadership in cracking down on
civil servants who are not disciplined in their work. This has the consequence of imposing
sanctions in the form of light, medium and severe disciplinary punishments. The obstacle
faced by the civil servants is due to a lack of interest in reading the regulations and
considering the regulations to be very boring. Solutions related to this include
socialization of laws and regulations, motivating employees to improve discipline,
supervision and evaluation of civil servants. Thus, it is recommended to consider these
socio-psycho-juridical factors, so that the application of civil servant discipline in the
Batam City Education Office can be carried out effectively and efficiently, and can
improve the performance and productivity of civil servants within the Batam City
Education Office.
Jelita Adelina Bago, Rina Shahriyani Shahrullah, Nurlaily
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3060
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