LITIGASI KENEGARAAN TERHADAP KEPUTUSAN PEMBERHENTIAN PEGAWAI NEGERI SIPIL YANG BERTENTANGAN DENGAN ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK

Abstract

Dismissal of Civil Servants constitutes a governmental administrative action that must be carried out based on the principles of legality, legal certainty, prudence, and protection of civil servant rights. Administrative practices indicate that dismissal decisions are often issued without proper procedures, without adequate disciplinary examination, and in disregard of the General Principles of Good Governance. Such conditions generate state administrative disputes that affect the protection of civil servant rights and the legitimacy of governmental actions. This study aims to analyze procedural defects in the dismissal of Civil Servants, the validity of defective state administrative decisions, and the legal reasoning of the State Administrative Court in reviewing such decisions. This research employs normative legal research using statutory, conceptual, and case approaches. The findings reveal that dismissal decisions may be declared invalid when they violate procedural provisions and the General Principles of Good Governance. Judicial review conducted by the State Administrative Court serves to uphold legal certainty, prevent abuse of authority, and ensure protection of civil servant rights within an accountable governmental administrative system.