The Effectiveness of Government Regulation of the Republic of Indonesia Number 11 of 2017 Concerning the Management of
Civil Servants on the Discipline Level of Government Employees
Andi Pattarani a,1, Lina Mariana b,2, Hidayat Marmin a,3, Aditya Halim Perdana Kusuma Putra c,4
a Universitas Pepabri Makassar, b Politeknik LP3I Makassar,c Universitas Muslim Indonesia
1 [email protected], 2 [email protected], 4 [email protected]
* corresponding author
I. Introduction
The government realizes that development will only run smoothly, in an orderly, efficient, and effective manner, with a clean and authoritative government apparatus. The implementation of the general tasks of government and development, as it is known, is aimed at realizing the national ideals of the Indonesian nation, namely a just and prosperous, equitable, material, and spiritual society based on Pancasila and the 1945 Constitution of the Republic of Indonesia [1]. The government is faced with demanding challenges and complexity in the various tasks and jobs it faces. These challenges cannot be avoided or even ignored but must be confronted immediately. The best way out is sought so any problems that arise can be properly and thoroughly resolved. Therefore, government apparatus is necessary, especially for civil servants (PNS) who have adequate quality, competence, and professionalism, where one of the elements is a disciplined attitude and behavior [2]; [3].
Civil servants have the same position, function, obligations, prohibitions, and sanctions. Civil servants serve as both public servants and a national adhesive, strengthening the spirit and movement
ARTICLE INFO A B S T R A C T
Article history:
Received 14 May 2022 Revised 6 July 2022 Accepted 13 Sept 2022
The aims of this research are: (1) To know and analyze the effectiveness of Government Regulation no. 11 of 2017 concerning the management of civil servants for employee discipline in the Palopo City Government; and (2) to know and analyze the factors that influence the effectiveness of the implementation of Government Regulation No. 11 of 2017 concerning the management of civil servants for employee discipline in the Palopo City Government. This research is descriptive research with an empirical approach.
The descriptive research method uses primary data with data collection techniques such as documentation, interviews, and questionnaires. The population in this study were all employees in the Municipal Government of Palopo. The sample in this study was determined to be as many as 45 respondents using a purposive sampling technique. The results of the survey show that: (1) Government Regulation Number 11 of 2017 concerning the Management of Civil Servants for employee discipline in the Palopo City Government is implemented ineffectively which is generally considered to be less effective, especially those rules contained in Article 229, namely: (1) To ensure the maintenance of order in the smooth implementation of their duties, civil servants must comply with civil servant discipline; (2) Government agencies are required to enforce discipline against civil servants and carry out various efforts to improve discipline; (3) Civil servants who commit disciplinary violations are subject to disciplinary punishment; (4) Disciplinary punishment for civil servants is imposed by officials who have the authority to punish; and (2) PNS quality factors, PNS behavior, PNS welfare, legal structure, legal culture, legal knowledge, and legal sanctions affect the ineffective implementation of Government Regulation Number 11 of 2017 concerning Management of Civil Servants towards employee discipline in the Palopo Municipal Government, so that the implementation of these seven factors needs to be maximized.
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Keywords:
Effectiveness of Government Regulations,
Management of Civil Servants, Public Administration and Governance
that leads to the realization of strong national unity and integrity. Civil servants have a noble duty: to provide services to the community in a professional, honest, fair, and equitable manner in carrying out state, government, and development tasks [2]; [4]. This hope can be realized if the civil servant concerned is disciplined, in the sense that he fully complies with all existing civil service regulations and always takes the side of the community by prioritizing service as a public servant who pays attention to the interests of the community. The Basic Civil Service Law, namely Law Number 8 of 1974, which has been amended through Law Number 43 of 1999 concerning Civil Servants, is a legal basis for guaranteeing civil servants and can be used to regulate the formation of a suitable and correct state apparatus. The preparation of the state apparatus for perfect administration depends very much on the quality of civil servants and the organization of the instrument itself.
Civil Servants in the City Government of Palopo encountered several problems, such as low employee performance, low quality of service, subjectivity in government, a lack of employee skills, a lack of disciplinary sanctions/penalties, which caused a lack of employee discipline, and ineffective leadership style. In addition, the work culture is also less supportive, so employees cannot carry out their duties properly [5]. This indicates that the employee's work culture needs to show the suitability of the system used in the organization. Another phenomenon that occurs is that there are still many employees who need to show high-performance dedication. This can be seen from many employees working outside during office hours without permits or work orders, so the work culture used by both leaders and all employees still needs excellent attention [6]; [7]; [8]; .
Law Number 5 of 2014 concerning State Civil Apparatuses, Chapter I Article 5 states that ASN Management is the management of ASN to produce ASN Employees who are professional, have fundamental values and professional ethics, are free from political interference, clean from corruption, collusion, and nepotism practices. Furthermore, Government Regulation Number 11 of 2017 concerning the Management of Civil Servants is one of the regulations that can guarantee the implementation of government and development tasks efficiently and effectively with the support of professional, responsible, honest, and fair civil servants through coaching carried out based on work performance systems and work performance systems. A career that focuses on work performance systems.
Management of Civil Servants in Government Regulation No. 11 of 2017 concerning PNS Management is the management of civil servants to produce professional servants who have fundamental values and professional ethics, are free from political interference, clean from corruption, collusion, and nepotism practices [9]; [10]. PNS management in the Government Regulation includes provisions regarding the preparation and determination of needs, procurement, rank and position, career development, career patterns, promotions, transfers, performance appraisal, payroll and benefits, awards, discipline, dismissal, pension guarantees, and day guarantees old, as well as protection.
Disciplining civil servants, the Palopo City government is trying to implement Government Regulation Number 11 of 2017 in the Palopo City Government. The objectives of employee discipline regulated in Article 229 of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants are: first, to ensure the maintenance of order in the smooth execution of their duties, civil servants must comply with civil servant discipline. Second, Government agencies must enforce discipline against civil servants and conduct various efforts to improve discipline. Third, Civil servants who commit disciplinary violations are subject to disciplinary punishment. Fourth, an official with authority to punish imposes disciplinary punishment for civil servants. Implementing these four aspects of civil servant discipline must be streamlined to guarantee the maintenance of order and smooth implementation of employee duties in the Palopo City Government.
The imposition of disciplinary punishment is intended to foster civil servants who have committed violations so that those concerned have an attitude of regret and try not to repeat and improve themselves in the future. The issuance of this regulation is not intended to limit the space for civil servants to move but solely to provide clear guidelines for civil servants in carrying out their duties and obligations. The purpose of enforcing the discipline of civil servants is to improve and educate civil servants who commit disciplinary violations so that they are always aware of the rights and obligations of civil servants in the context of being a state as a government apparatus. Enforcement of Civil Servant Discipline Regulations is also focused on the authority, efficiency, and effectiveness of the implementation of the duties of the instrument to create good governance.
Civil servants, as a tool of government (government apparatus), have a prominent presence in carrying out components of government policies or regulations for the realization of national goals.
These components accumulate in the distribution of duties, functions, and obligations of civil servants [11]; [12]. A paradigm shift in public service will automatically create systemic changes in personnel law with adjustments in civil servants' duties, functions, and obligations, including structuring government bureaucratic institutions, systems, and personnel management arrangements [13]; [12];
[14]. The concept of civil service law development in the form of an alternative strategy will be directed at the formation of attitudes and behavior of civil servants. The mindset of the development of civil service law has a meaning as a paradigm shift in the government system to guarantee the implementation of general government and development tasks efficiently and effectively and in the framework of efforts to realize a just and prosperous society materially and spiritually [15]; [16]; [17].
The perfection of the state apparatus is essentially dependent on civil servants who are perfect, full of loyalty and obedience to Pancasila, the 1945 Constitution, the state, and the government, and who are unified, have a good mentality, are dignified, robust, efficient, effective, clean, of high quality and who is aware of his responsibilities as an element of the state apparatus for the benefit of society and the figure of a civil servant is what he always aspires to be. Everything must be continuously directed and carried out in stages and developed.
Civil servants in Palopo City still need to be optimized, both in terms of the quality of work implementation, which contains obligations and prohibitions, as well as sanctions applied to violators of civil servant discipline. Employee discipline in terms of low professionalism, inadequate levels of welfare, distribution and composition that are not yet ideal, placement in positions that are not based on competence, performance appraisal that is not objective, promotions that are not based on work performance, work culture and work ethic that are not still low, implementation of regulations that are not implemented consistently and consequently as well as other civil servant internal problems. These problems are interrelated and need to find a comprehensive solution. Civil servants in Palopo City, as administrators of government and development tasks, are expected to be able to provide good service to the community to realize adequate public service, so supervision is needed in the implementation of work, especially work culture discipline. The purpose of discipline is to improve and educate civil servants who commit disciplinary violations so that they always know the rights and obligations of a civil servant in the context of being a state as a government apparatus. Discipline, one of the supervisory instruments, is a condition created and formed through a series of behaviors that show the values of obedience, obedience, loyalty, order, and order. Because it has become one with himself, his attitude or action is no longer a burden at all; on the contrary, it will burden him if he does not act as usual. Obedience values have become part of their behavior in his life. Discipline grows based on self-awareness, which is always expected to be instilled in every civil servant so that when he works well in his work unit, the results are genuinely in line with the expectations of the people and the government. It also regulates the right path for every employee, so they do not act contrary to civil servants' disciplinary rules.
A study of the effectiveness of government regulation Number 11 of 2017 concerning Civil Servant Management of Employee Discipline in the Palopo City Government is considered very necessary. This is even more important when awareness arises that there has been a change in the paradigm of government to become a Great Indonesian government based on Government Regulation 53 of 2010 concerning Civil Servant Discipline; this is endeavored to be able to uphold employee discipline in the Palopo City Government. Thus, civil servant management policies are expected to discipline employees so that employee performance improvements can be maximized effectively in the future. Based on the problem's background, this study's main issues are as follows: (1). How effective is Government Regulation No. 11 of 2017 concerning the Management of Civil Servants for employee discipline in the Palopo City Government? (2). What factors affect the effectiveness of Government Regulation No. 11 of 2017 concerning the Management of Civil Servants for employee discipline in the Palopo City Government?.
II. Methods
A. Types and Research Subjects
This research is descriptive empirical research. To support this empirical research, normative analysis is also used with the practical approach of PP No. 11 of 2017 concerning the Management of
Civil Servants for employee discipline in the Palopo City Government. The research was conducted at the Palopo City Government Office, considering that the application of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants for employee discipline in the Palopo City Government still needs to be streamlined so that employees can work optimally as expected.
B. Types and Sources of Data
type of data required in this study is primary data, namely, data obtained directly from respondents through questionnaires and interviews in the form of implementing civil service disciplinary regulations. Secondary data is obtained from searching library materials in the form of books, scientific articles, research results, laws and regulations regarding local government, regional regulations, and other secondary data relevant to the research object. Data collection techniques used in this research are questionnaires, interviews, and documentation; Data collection refers to legal documents that are analyzed empirically and normatively related to the research theme. This is intended to examine legal theories, jurisprudence, and legal aspects in social affairs related to the effectiveness of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants towards employee discipline in the Palopo City Government.
C. Population and Sample
The population is the whole or a set of objects with the same characteristics. The population can be a collection of people, things (living or dead), events, cases, time, or places with the exact nature or characteristics. The population in this study are all Civil Servants in the City Government of Palopo.
The sample in this study was determined as many as 45 respondents using a purposive sampling technique or intentionally because they were considered able to provide transparent information regarding the effectiveness of PP No. 11 of 2017 concerning the Management of Civil Servants towards employee discipline in the Palopo City Government, where the respondents consisted of Civil Servants 15 civilians in the Personnel and Human Resources Development Agency for the City of Palopo; Civil Servants in other Regional Apparatuses of the Regional Government of Palopo City as many as 15 people, and community leaders in Palopo City as many as 15 people. Thus, the number of research samples is 45 sample units as respondents.
D. Data Analysis
This research is a combination of normative and empirical research. The data that has been obtained is primary and secondary data, so in analyzing the data used, qualitative analysis (interpretive analysis) and quantitative analysis..
III. Result and Discussion
A. The Effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on Employee Discipline in the Government of Palopo City
The management of Civil Servants is the management of civil servants to produce professional servants who have fundamental values and professional ethics, are free from political interference, and are free from corruption, collusion, and nepotism. PNS management arrangements aim to produce professional civil servants with fundamental values and professional ethics. They are free from political intervention and corruption, collusion, and nepotism practices in the context of carrying out public service duties, government tasks, and specific development tasks. Government Regulation Number 11 of 2017 has shown several significant changes in the Management of the State Civil Apparatus. The PNS Management Regulation contains the entire content, namely: (1) Chapter I is the general provisions of the PNS Management Regulation; (2) Chapter 2 regarding the preparation and determination of the need for the number and type of civil servant positions; (3) Chapter 3 regulates the procurement of civil servants; (4) Chapter 4 regulates the ranks and positions of PNS; (5) Chapter 5 regulates civil servant career management, career development, competence development, career pattern, transfer and promotion; (6) Chapter 6 regulates the performance appraisal and discipline of civil servants; (7) Chapter 7 regulates civil servant awards; (8) Chapter 8 regulates dismissal of civil servants; (9) Chapter 9 regulates payroll benefits and civil servant facilities; (10) Chapter 10 regulates pension and old-age security for civil servants; (11) Chapter 11 regulates the protection of civil servants; (12) Chapter 12 regulates leave for civil servants; (13) Chapter 13 regulates other provisions;
(14) Chapter 14 transitional provisions; and (15) Chapter 15 closing provisions. In addition to the
provisions above, there are other transitional provisions. The implementing regulations of these laws and regulations have regulated the preparation and determination of needs, procurement, rank and position, career development, career patterns, promotions, transfers, performance appraisal, payroll and benefits, awards, discipline, dismissal, pension, and old age benefits and protection.
In connection with the disciplinary provisions regulated in Government Regulation no. 11 of 2017 concerning the Management of Civil Servants, especially in the Palopo City Government, shows that the discipline of civil servants in the Palopo City Government is felt to be lacking because of the relatively deficient level of employee welfare. Therefore, every Palopo City Government civil servant must comply with all applicable laws and regulations and carry out the official duties entrusted to him with complete dedication, awareness, and responsibility. PNS Discipline in the City Government of Palopo is carried out based on Government Regulation 11 of 2017 concerning the Management of Civil Servants. Article 229 confirms that:
1. To ensure the maintenance of order in the smooth execution of their duties, PNS must comply with PNS discipline.
2. Government agencies must enforce discipline against civil servants and conduct various efforts to improve discipline.
3. Civil servants who commit disciplinary violations are subject to disciplinary punishment.
4. Officials impose a disciplinary penalty on civil servants with the authority to punish.
The description of the civil servant disciplinary rules is as follows:
1) To ensure the maintenance of order in the smooth execution of their duties, civil servants must comply with civil servant discipline
In general, the public considers that the discipline of civil servants is still far from expectations.
This can be seen from the frequent arrests of several unscrupulous civil servants raided by the Civil Service Police Unit (Satpol PP) in shopping centers and markets during working hours. However, not all civil servants who were raided skipped classes during working hours because there were also civil servants who were assigned to shop for office needs or other official matters. Civil servants who deliberately left their duties and chose to relax in shopping centers are a form of disciplinary. Every civil servant must comply with discipline to maintain order in the smooth execution of responsibilities.
Discipline Civil servant includes not only: hours of entry, hours of work, and hours of leaving the office but also regarding loyalty to and obedience to the 1945 Constitution and Pancasila, upholding state honor, holding privileged positions or jobs that are confidential, carrying out official duties with full responsibility, use and maintain state facilities properly. Furthermore, to ensure the maintenance of discipline in the smooth execution of responsibilities, employees must fulfill their obligations, namely: to take the civil servant oath/pledge; take an oath/promise of office; loyal and wholly obedient to Pancasila, the 1945 Constitution of the Republic of Indonesia, the Unitary State of the Republic of Indonesia, and the Government; comply with all provisions of laws and regulations; carry out official duties entrusted to civil servants with complete dedication, awareness, and responsibility; uphold the honor of the state, the Government, and the dignity of civil servants; prioritizing the interests of the state over one's interests, that of a person, and that of a group; holds a privileged position which according to its nature or according to an order must be kept secret; work honestly, in an orderly, thorough, and enthusiastic manner for the benefit of the state.
Civil Servants are also obliged to report immediately to their superiors if they find out that there is something that could harm or harm the state or the Government, especially in the security, financial and material fields; come to work and comply with the provisions of working hours; achieve the set employee work targets; use and maintain state property as well as possible; provide the best possible service to the community; guide subordinates in carrying out tasks; provide opportunities for associates to develop careers, and comply with official regulations stipulated by the competent authority. Furthermore, the responses from 45 respondents regarding the effectiveness of discipline in ensuring the maintenance of orderly implementation of the duties and obligations of civil servants in complying with civil servant discipline in the Palopo City Government can be seen in the following table 1.
Table 1. Table 1. The effectiveness of the implementation of discipline in ensuring the maintenance of order for the smooth implementation of tasks, civil servants are required to comply with civil servant discipline in
the Palopo City Government Respondents Answer F %
1. Effective 16 35,56
2. Less effective 23 51,11
3. Ineffective 6 13,33
Total 45 100
a. Source: Primary Data, 2020
Based on the data in the table 1 it can be explained that the respondents' responses regarding the implementation of discipline in ensuring the maintenance of orderly smooth implementation of tasks where civil servants are required to comply with civil servant discipline in the City Government of Palopo, which stated that there were 16 people or 35.56% who stated that it was less effective as many as 23 people or 51.11%, and 6 people or 13.33% declared ineffective. The tendency of these data shows that the implementation of discipline in ensuring the maintenance of order for the smooth implementation of tasks where civil servants are required to comply with civil servant discipline in the Palopo City Government is carried out less effectively. However, law enforcement carried out by the Palopo City government is still running according to the applicable laws and regulations. The violations of civil servant discipline in the Palopo City Government can be seen in the following table 2.
Table 2. Violations of civil servant discipline in the Palopo City Government
No Name and title Violation Penalty
1 XXX Staff at the Sampoddo sub-district office, Kec. South Wara
Rarely come to the office
Has been given a letter of reprimand 3 times by the direct supervisor
A summons has been made by BKPSDM Not yet discussed in the Bina Apparatus meeting (the
case is still rolling) 2 XXX General Functional
at the Transmigration Service
Not carrying out the task without a clear
reason
In good faith, have made and signed a statement letter that will carry out the task again
The person concerned has carried out the task again as evidenced by the results of the fingerprint attendance.
It has been discussed in the Bina Apparatus meeting with the meeting decision imposing a severe disciplinary
law, namely demotion to a lower level for 3 (three) years, re-enabling the salary
3 xxx
Head of Administration Section in Salekoe Village, Wara Timur
District
Less active coming to work without a
valid reason
Salary has been dismissed and has realized the mistake and has carried out his duties again as a Civil Servant
Have signed a statement that they are willing to be coached, do not repeat their mistakes, and comply with the regulations regarding the discipline of civil servants It was discussed in the apparatus development meeting with the decision of the meeting to reactivate his salary and he was given a severe disciplinary sanction in the
form of being released from his position as head of a government section.
4 xxxx
Head of Community Empowerment and Welfare Section at Salotellue District, Kec.
East wara
Does not fully carry out his duties as a
Civil Servant
Absence of work due to illness
The Civil Servant concerned realized his mistake on the grounds that he could not carry out his duties as a civil
servant due to illness and was temporarily dismissed from his salary.
It has been discussed in the apparatus development meeting with the decision of the meeting to re-activate salary and be given a sanction from being assigned from
the position as head of the section in the Salotellue Village and given sick leave according to the provisions.
b. Source: BKPSDM Palopo City, 2020
2) Government agencies are required to enforce discipline against civil servants and carry out various efforts to improve discipline
In government agencies, work discipline is a significant capital that civil servants must possess because it involves the provision of public services. Civil servants must have high discipline, good
performance and attitudes and behavior full of loyalty and obedience to the state, have good morals and mentality, be professional, be aware of their responsibilities as public servants and be able to become the glue of national unity and integrity. Civil servants, as elements of the state apparatus in carrying out the wheels of government, are required to carry out their primary duties and functions and to uphold the dignity and image of the civil service for the benefit of the nation and state. To become a reliable, professional, and moral employee, a civil servant must improve their mental attitude toward work discipline and be motivated to increase the effectiveness of his performance.
Some of the indicators that must be enhanced include the implementation of work discipline by obeying and adhering to the rules of discipline and work discipline, a sense of responsibility in completing work, and efficient and effective work productivity.
Civil servants who must avoid the prohibitions specified in statutory regulations and official regulations, and if not violated, will be subject to disciplinary punishment. Prohibitions for civil servants that may not be violated, among others: 1) abuse of authority; 2) act as intermediaries for personal gain and/or for other people to use other people's authority; 3) Without government permission to become employees or workers for other countries and/or international institutions or organizations; 4) work for foreign companies, foreign consultants, foreign non-governmental organizations; 5) illegally own, sell, buy, pawn, lease, or borrow movable or immovable goods, documents or securities belonging to the state; 6) carry out activities with superiors, colleagues, subordinates, or other people inside or outside the work environment with the aim of personal, group, or other party benefits, which directly or indirectly harm the state; 7) giving or agreeing to give something to anyone either directly or indirectly and under any pretext to be appointed to a position;
8) accept any gift or gift from anyone related to his position and/or work; 9) act arbitrarily towards subordinates; 10) take an action or not take an action that could hinder or make it difficult for one of the parties being served, resulting in a loss for the person being served; 11) obstructing official duties;
12) provide support to candidates for President/Vice President, DPR, DPD or DPRD by participating as campaign executors, becoming campaign participants using party attributes or PNS attributes, campaign participants by deploying other civil servants and/or as campaign participants using state facilities ; 13) provide support to the Presidential/Vice Presidential candidate by making decisions and/or actions that are beneficial or detrimental to one pair of candidates during the campaign period, holding activities that lead to partiality towards the pair of candidates participating in the election before, during and after the election period campaigns include meetings, solicitations, appeals, appeals, or giving goods to civil servants within their work units, family members, and the community;
14) provide support to candidates for members of the Regional Representatives Council or candidates for Regional Head/Deputy Regional Head by providing a letter of support accompanied by a photocopy of an Identity Card or Certificate of Identity in accordance with laws and regulations; and 15) provide support to candidates for Regional Head / Deputy Regional Head, by engaging in campaign activities to support candidates for Regional Head / Deputy Regional Head, using facilities related to positions in campaign activities, making decisions and/or actions that are profitable or detrimental one of the candidate pairs during the campaign period, and/or carry out activities that lead to partiality towards the candidate pairs participating in the election before, during and after the campaign period including meetings, solicitations, appeals, appeals, or giving goods to civil servants in the environment work unit, family members, and society. Respondents' responses regarding the implementation of Government Agencies' obligations in enforcing discipline against civil servants and carrying out various efforts to improve civil servant discipline in the Palopo City Government can be seen in the following table 3
Table 3. The effectiveness of implementing government agencies' obligations in enforcing discipline against civil servants and carrying out various efforts to increase discipline in the Palopo City Government
Respondents Answer Frekuensi Persentase
1. Effective 18 40,00
2. Less effective 22 48,89
3. Ineffective 5 11,11
Total 45 100
c. Source: Primary Data, 2020
Based on the data in the table 3 it can be explained that the respondents' responses regarding the implementation of Government Agency obligations in enforcing discipline against civil servants and carrying out various efforts to increase discipline in the Palopo City Government, which stated that
there were 18 people or 40% effective, stated that as many as 22 people were less effective or 48.89%, and 5 respondents or 11.11% said it was not effective. The tendency of the data shows that the implementation of Government Agencies' obligations in enforcing discipline against civil servants and carrying out various efforts to improve civil servant discipline in the City Government of Palopo have not been fully effective, so that the implementation of this discipline still needs to be streamlined to support the realization of civil servant discipline in the future.
3) Civil servants who commit disciplinary violations are subject to disciplinary punishment
PNS Discipline is the ability of civil servants to comply with obligations and avoid prohibitions specified in statutory regulations and/or official regulations. Without prejudice to the provisions in the criminal law, civil servants who commit disciplinary violations are subject to disciplinary punishment.
Levels and types of disciplinary punishment for civil servants, namely: 1) The level of disciplinary punishment consists of: light disciplinary punishment, moderate disciplinary punishment, and severe disciplinary punishment; 2) Types of light disciplinary punishments consist of: verbal warnings, written warnings, and written statements of dissatisfaction; 3) Types of moderate disciplinary punishment consist of: postponement of periodic salary increases for 1 (one) year; postponement of promotion for 1 (one) year; and demotion to a lower level for 1 (one) year; 4) Types of severe disciplinary punishment consist of: demotion to a lower level for 3 (three) years; transfer in the context of demotion to a lower level; release from office; honorable dismissal not at his own request as a civil servant; and e. dishonorable discharge as a civil servant. The respondents' responses regarding the effectiveness of the implementation of punishment for civil servants who committed disciplinary violations in the Palopo City Government, can be seen in the following table 4.
Table 4. The effectiveness of the implementation of punishments for civil servants who commit disciplinary violations in the Palopo City Government
Respondents Answer F %
1. Effective 17 37,78
2. Less effective 23 51,11
3. Ineffective 5 11,11
Jumlah 45 100
Based on the data in the table 4 it can be explained that respondents' responses regarding the effectiveness of the implementation of punishment for civil servants who committed disciplinary violations in the Palopo City Government, which stated that it was effective were 17 people or 37.78%, stated that it was less effective as many as 23 people or 51.11%, and declared ineffective by 5 respondents or 11.11%. The tendency of the data shows that the implementation of punishments for civil servants who commit disciplinary violations in the Palopo City Government is not effective enough, so that the implementation of discipline still needs to be streamlined to support the realization of civil servant discipline in the future. Based on the several prohibitions for civil servants above, the prohibitions that are usually ignored by civil servants in the Palopo City Government include: not attending morning and evening apples, coming to work late, and leaving work early. Disciplinary sanctions given for these violations are still in the form of verbal warnings so that they have not given a deterrent effect to employees who violate them. Because the imposition of sanctions must really be enforced for employees who violate the rules, it is hoped that Government Regulation Number 11 of 2017 concerning Management of Civil Servants for employee discipline in the Palopo City Government can be enforced in the future.
4) Disciplinary punishment for civil servants is imposed by an official who has the authority to punish Officials authorized to punish are officials authorized to impose disciplinary punishment. Officials assigned to punish, as follows:
1. The President determines the imposition of disciplinary punishment for civil servants who occupy structural echelon I positions and other positions whose appointment and dismissal are the authority of the President for this type of retributive punishment.
2. The imposition of disciplinary punishment is determined based on the recommendation of the staffing officer.
Furthermore, if there is no official with authority to punish, then the power to impose disciplinary punishment becomes the authority of a higher official. This is intended as a guideline for officials authorized to punish and provide certainty in imposing disciplinary penalties. Likewise, the limits of authority for officials who have the power to punish have been stipulated in government regulations.
Discipline is in the form of light, moderate, or severe disciplinary punishment according to the severity of the violation committed by the civil servant, taking into account the background and impact of the breach committed. The imposition of disciplinary punishment is intended to foster civil servants who have committed violations so that those concerned have an attitude of regret and try not to repeat and improve themselves in the future. Civil servants sentenced to disciplinary punishment are given the right to defend themselves through administrative measures so that arbitrariness in the imposition of disciplinary punishment can be avoided. Any imposition of disciplinary penalty will be determined by the decision of the official who has the authority to punish. The decision is conveyed behind closed doors by the official authorized to punish, or another official appointed to the civil servant concerned, and a copy of it is submitted to the office of the relevant agency. Submission of disciplinary punishment decisions is carried out 14 working days after the decision is made. If the civil servant disagrees with an official's decision regarding a civil servant disciplinary violation, then administrative efforts can be made, consisting of objections and administrative appeals. Respondents' responses regarding the effectiveness of the implementation of disciplinary punishment for civil servants imposed by officials authorized to punish in the Municipal Government of Palopo can be seen in the following table 5.
Table 5. The effectiveness of the implementation of disciplinary punishment for civil servants imposed by officials authorized to punish in the Palopo City
Respondents Answer F %
1. Effective 16 35,56
2. Less effective 25 55,56
3. Ineffective 4 8,89
Total 45 100
Based on the data in the table 5 it can be explained that respondents' responses regarding the effectiveness of the implementation of disciplinary punishment for civil servants were handed down by officials authorized to punish in the City Government of Palopo, who stated that there were 16 people or 35.56% who stated that it was less effective as many as 25 people or 55, 56%, and as many as 4 people or 8.89% said it was ineffective. The tendency of the data shows that the implementation of disciplinary punishment for civil servants imposed by officials authorized to punish in the City Government of Palopo is not effective, so that the implementation of discipline still needs to be made effective in order to support the realization of civil servant discipline in the future
B. Factors Affecting the Effectiveness of Implementation of Government Regulation Number 11 of 2017 concerning Management of Civil Servants of Employee Discipline in the Government of Palopo City
High work discipline is a hope for every leader to his subordinates because it is very necessary if discipline gets intensive treatment from all parties involved in an organization to achieve the goals of an organization. In dealing with violations committed by subordinates, it is necessary to have a firm policy to correct, improve and avoid the recurrence of negative matters in the future. With respect to the factors that affect the effectiveness of the implementation of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants towards employee discipline in the Palopo City Government, it is influenced by several factors, including: the quality of civil servants, the behavior of civil servants, the welfare of civil servants, the legal structure, the legal culture, legal knowledge, and legal sanctions. For more details will be described below.
1) The quality of civil servants
The quality of civil servants determines the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants for employee discipline in the Palopo City Government, where employees who have an adequate level of education and work experience will provide employees with the ability to carry out their duties well too. Vice versa, employees with a relatively low level of education and work experience that do not support the implementation of their duties will cause employee absenteeism because they are unable to carry out their duties properly and
even commit acts that deviate from the disciplinary rules of civil servants, such as not coming to the office and being late for work because unable to complete the task that is his responsibility. The respondents' responses regarding the influence of the quality of Civil Servants on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee discipline in the Palopo City Government, can be seen in the following table 6.
Table 6. Table 6. Respondents' answers about the influence of the quality of civil servants on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on
employee discipline in the Palopo City Government Respondents Answer F %
1. Effective 14 31,11
2. Less effective 23 51,11
3. Ineffective 8 17,78
Total 45 100
d. Source: Primary Data, 2020
The table 6 shows that the influence of the quality of Civil Servants on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee discipline in the City Government of Palopo was responded to in various ways, namely: stating that it had an effect on as many as 14 respondents (31.11%) and stating that it was less affected by 23 respondents (51.11%), and said no effect there were 8 respondents (17.78%). This means that it is still necessary to improve the quality of Civil Servants through the provision of education and training so that the enforcement of Government Regulation Number 11 of 2017 concerning Management of Civil Servants is carried out properly in order to improve PNS discipline in the Palopo City Government.
2) Civil servant behavior
The behavior of Civil Servants strongly supports the enforcement of civil servant disciplinary regulations in the Municipal Government of Palopo. Employee behavior includes polite speech and a good way of thinking, of course, they are reluctant to commit acts that could damage their careers. It is different with employees who have bad behavior, it is very difficult to discipline because of the habit of acting arrogantly, including not coming to the office and coming to work late or leaving work early. Such behavior will certainly have a negative impact on oneself and the organization. The respondents' responses regarding the influence of Civil Servant behavior on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee discipline in the Palopo City Government, can be seen in the following table 7.
Table 7. Table 7. Respondents' answers about the influence of civil servant behavior on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee
discipline in the Palopo City Government Respondents Answer F %
1. Take effect 16 35,56
2. Less effect 25 55,56
3. No effect 4 8,89
Total 45 100,00
e. Source: Primary Data, 2020
The table 7 shows that the influence of the quality of Civil Servants on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee discipline in the City Government of Palopo was responded to in various ways, namely: stating that it had an effect on as many as 16 respondents (35.56%) and stating that it was less influential as many as 25 people (55.56%), and stated no effect there were 4 respondents (8.89%). This means that it is still necessary to improve the behavior of Civil Servants through the provision of education and training so that the enforcement of Government Regulation Number 11 of 2017 concerning Management of Civil Servants is carried out properly to improve PNS discipline in the Palopo City Government.
3) Welfare of civil servants
The level of welfare given to civil servants, both in the form of material and award certificates, will certainly affect the enforcement of civil servant disciplinary regulations in the Palopo City
Government. Employees who have an adequate level of welfare are certainly more motivated in completing the tasks they are responsible for properly and can even show better work performance.
Meanwhile, employees who have a lower level of welfare tend to neglect their duties and even act inconsistently with existing regulations, such as being lazy to enter the office or even coming to work late because they have to find additional income to provide for their families. Respondents' responses regarding the influence of civil servants' welfare on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee discipline in the Palopo City Government, can be seen in the following table 8.
Table 8. Table 8. Respondents' Responses about the Influence of Civil Servant Welfare on the Effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on Employee
Discipline in the City Government of Palopo Respondents Answer F %
1. Take effect 18 40,00
2. Less effect 21 46,67
3. No effect 6 13,33
Total 45 100,00
f. Source: Primary Data, 2020
The table 8 shows that the influence of the welfare of civil servants on the effectiveness of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants on employee discipline in the City Government of Palopo was responded to in various ways, namely: 18 respondents stated that they had an influence (40%) and stated that they had less influence as many as 21 people respondents (46.67%), and stated that it had no effect, there were 6 respondents (13.33%).
This means that it is still necessary to increase the welfare of Civil Servants so that the enforcement of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants is carried out properly in order to improve the discipline of PNS in the Palopo City Government.
4) Legal Structure
Disciplinary law enforcement for Civil Servants cannot be separated from elements of law enforcement officials, especially in carrying out coordination and supervision, especially those related to Discipline of Civil Servants. The oversight and coordination function is an important aspect in the context of upholding civil servant discipline. Coordination and supervision are not intended to find fault with subordinates but are intended to foster and at the same time guarantee that the Civil Service Discipline Regulations have really been implemented properly. Respondents' responses regarding the influence of the legal structure on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee discipline in the Palopo City Government, can be seen in the following table 9
.
Table 9. Table 9. Respondents' Responses about the Influence of the Legal Structure on the Effectiveness of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants towards
employee discipline in the Palopo City Government Respondents Answer F %
1. Take effect 14 31,11
2. Less effect 23 51,11
3. No effect 8 17,78
Total 165 100,00
g. Source: Primary Data, 2020
The table 9 shows that the influence of the legal structure on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee discipline in the Palopo City Government was responded to in various ways, namely: stating that it had an effect of 14 respondents (31.11%) and stating that it had less influence by 23 respondents (51.11%), and said it had no effect there were 8 respondents (17.78%). This means that the legal structure has little influence on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants for employee discipline in the Palopo City Government, so it needs to be made effective in order to support the improvement of PNS discipline in the Palopo City Government
.
5) Legal Culture
Legal culture greatly determines the enforcement of civil servant discipline law in the City Government of Palopo. Officials/superiors must set a good example for their subordinates so that they become good role models for their subordinates. Respondents' responses regarding the influence of legal culture on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants for employee discipline in the Palopo City Government, can be seen in the following table 10.
Table 10. Respondents' Responses about the Influence of Legal Culture on the Effectiveness of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants towards employee discipline in
the Palopo City Government Respondents Answer F %
1. Take effect 17 37,78
2. Less effect 21 46,67
3. No effect 7 15,56
Total 45 100,00
h. Source: Primary Data, 2020
The table 10 shows that the influence of the quality of Civil Servants on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee discipline in the City Government of Palopo was responded to in various ways, namely: stating that it had an effect on as many as 17 respondents (37.78%) and stating that it was less affected by 21 respondents (46.67%), and said no effect there were 7 respondents (15.56%). This means that legal culture has little effect on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants for employee discipline in the Palopo City Government, so it needs to be made effective to support the improvement of PNS discipline in the Palopo City Government.
6) Knowledge of Law
Legal knowledge greatly determines the enforcement of civil servant discipline laws in the Palopo City government. Legal knowledge is very important for employees, so that when they commit acts that violate disciplinary regulations, Civil Servants can immediately understand the legal consequences of any actions that violate the law. Even though employees have no interest or are not currently facing legal problems, information about the law is also important to be on guard, both for themselves, their families, and the surrounding environment. The respondents' responses regarding the influence of legal knowledge on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee discipline in the Palopo City Government, can be seen in the following table 11.
Table 11. Respondents' Responses about the Effect of Legal Knowledge on the Effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on Employee Discipline in the
Palopo City Government Respondents Answer F %
1. Take effect 18 40,00
2. Less effect 19 42,22
3. No effect 8 17,78
Total 45 100,00
i. Source: Primary Data, 2020
The table 11 shows that the influence of the quality of Civil Servants on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants on employee discipline in the City Government of Palopo was responded to in various ways, namely: stating that it had an effect of 18 respondents (40%) and stating that it had less influence by 19 respondents (42.22%), and stated that it had no effect, there were 8 respondents (17.78%). This means that legal knowledge has little effect on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants for employee discipline in the Palopo City Government, so it needs to be made effective in order to support the improvement of PNS discipline in the Palopo City Government.
7) Legal sanctions
In determining the type of disciplinary sanction to be imposed on an employee who violates it, it should be considered carefully, thoroughly and thoroughly that the disciplinary sanction to be imposed is commensurate with the violation committed by the employee. The disciplinary sanction can be accepted with a sense of justice. Employees who have been given disciplinary sanctions and are repeating them in the same case, need to be subject to more severe disciplinary sanctions while still being guided by applicable government policies. The respondents' responses regarding the influence of legal sanctions on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants against employee discipline in the Palopo City Government, can be seen in the following table 12
.
Table 12. Respondents' Responses about the Effect of Legal Sanctions on the Effectiveness of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants for Employee
Discipline in the City Government of Palopo Respondents Answer F % 1. Take effect 19 42,22 2. Less effect 22 48,89
3. No effect 4 8,89
Jumlah 45 100,00
j. Source: Primary Data, 2020
Based on the data in the table 12, it can be explained that respondents' responses regarding the influence of legal sanctions on the effectiveness of Government Regulation Number 11 of 2017 concerning Management of Civil Servants against employee discipline in the Palopo City Government, which stated that as many as 19 respondents or 42.22%, said that less influential as many as 22 respondents or 48.89%, and stated no effect there were four respondents or 8.89%. This means that legal sanctions have little effect on Government Regulation Number 11 of 2017 concerning the Management of Civil Servants for employee discipline in the Palopo City Government, so it needs to be made effective to support the improvement of PNS discipline in the Palopo City Government.
Based on the description above, it can be concluded that PNS quality factors, PNS behavior, PNS welfare, legal structure, legal culture, legal knowledge, and legal sanctions have little effect on the effectiveness of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants for employee discipline in the Palopo City Government. Therefore, these seven factors still need to be maximized to support increasing the effectiveness of the implementation of Government Regulation no. 11 of 2017 concerning the Management of Civil Servants for employee discipline in the future Palopo City Government.
IV. Conclusion
Government Regulation Number 11 of 2017 concerning Management of Civil Servants for employee discipline in the Palopo City Government is implemented ineffectively which is generally considered to be less effective, especially the rules contained in Article 229, namely: (1) To ensure the maintenance of order in the smooth implementation duties, civil servants must comply with civil servant discipline; (2) Government agencies are required to enforce discipline against civil servants and carry out various efforts to improve discipline; (3) Civil servants who commit disciplinary violations are subject to disciplinary punishment; (4) Disciplinary punishment for civil servants is imposed by officials who have the authority to punish. PNS quality factors, PNS behavior, PNS welfare, legal structure, legal culture, legal knowledge, and legal sanctions affect the ineffective implementation of Government Regulation Number 11 of 2017 concerning Management of Civil Servants for employee discipline in the Palopo City Government, so that the seven factors implementation needs to be maximized. Therefore, the effectiveness of the Implementation of Government Regulation Number 11 of 2017 concerning the Management of Civil Servants for employee discipline in the Palopo City Government is increased in effectiveness, including the firmness of the leadership in imposing disciplinary sanctions which are decided at the Apparatus Development Meeting must be carried out more strictly by not placing too much emphasis on pity or in accordance with existing regulations in a fair and consistent manner from time to time so as to be able to create awareness and legal propriety so that civil servant disciplinary violations can be minimized as mutually expected. Factors that influence the lack of effectiveness in enforcing civil
servant discipline laws must be given more attention and maximized so that they actually have the opposite effect in supporting the improvement of employee discipline including improving the quality of employees through education and training, fostering good employee attitudes and ways of thinking, increasing birth welfare and spiritual for employees, supervise and coordinate in upholding PNS Discipline, and provide an understanding of PP No. 11/2017 to all employees to improve employee discipline in the future..
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