UUD / Aparat Administrasi ; Baitul Mal ; Departemen Penerangan §96-104
- Kategori: Aparat Administrasi ; Baitul Mal ; Departemen Penerangan §96-104
Pasal 101: Para pegawai -selain direktur-, penunjukan, pemindahan, pembebastugasan, sanksi dan pember-hentiannya, ditentukan oleh atasan instansinya untuk masing-masing departemen, biro dan unit.
Article 101: The civil servants other than the managers are appointed, transferred, suspended, disciplined, and removed by the one who is in charge of the departments, administrations or divisions.
The civil servants in the state are all employees, in accordance with the rules of employment. Their appointment and removal, transfer and discipline, are done by the one responsible for the highest administration of their offices, departments or administration.
This is based on the rules regarding employment, since it is obligatory to adhere to whatever is necessitated by their contract, just as it is obligatory upon him to adhere to what he was contracted for, since the contract is binding upon both parties upon what they agreed, so if the employee is employed for a period, it is not valid to remove him from what he was employed to do for the defined period.
As for the adherence to the administrative systems, this is considered from the conditions of employment that must be adhered to. He said,
«الْمُسْلِمُونَ عَلَى شُرُوطِهِمْ»
“The Muslims will be bound by their conditions” (reported by Abu Dawud from Abu Hurayrah). With respect to transferring the civil servants from one task to another, this falls under the employment contract and so it is treated according to the contract when appointed.
The one responsible to appoint, discipline and remove them is the one who is in charge of the highest administration of their offices, departments, and administrations, since he is the one who is responsible for the office they work in, and is the one who has the power that is necessitated by the responsibility he has been assigned to.