VALIDITY OF COMPENSATING CIVIL SERVANTS FOR LOSSES IN LAMPUNG'S REGIONAL PUBLIC SERVICE AGENCY

Abstract

Instances of claims for state compensation against civil servants who are neither treasurers nor other officials frequently lead to legal issues, especially when the rulings issued do not adhere to the processes outlined in the law. A similar situation happened with a civil servant from the Regional Public Service Agency of the Lampung Provincial Government, who was instructed to provide compensation following an audit by the Financial and Development Supervisory Agency (BPKP), yet subsequently contested the ruling through an administrative dispute at the Bandar Lampung State Administrative Court (PTUN). This research seeks to evaluate the process of enforcing compensation for losses and assess the legitimacy of holding civil servants accountable for losses, specifically those who are neither treasurers nor other officials in the Lampung Provincial Government Regional Public Service Agency. The research method employed is normative juridical, utilizing a statutory approach, a case approach, and a conceptual approach. The data for the research comprises secondary data that is analyzed deductively. The study's findings indicate that: (1) The process of imposing compensation on civil servants, excluding treasurers or other officials within the Lampung Provincial Regional Public Service Agency, disregards the regulations outlined in the law; and (2) The disputed object was annulled, with Decision Number 20/G/2021/PTUN-BL determining that the Plaintiff was not required to repay the state's losses, as the disputed object was shown to be defective both procedurally and substantively, requiring its legal cancellation. Consequently, this research validates that the enforcement of compensation should rely on relevant laws and regulations, and budget oversight must be conducted in line with responsibilities and powers to ensure that all budget expenditures can be legally justified.