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  Published Paper Details:

  Paper Title

Legality of the Village Head's Actions in Dismissing Village Officials.

  Authors

  Abraham L. Marlessy,  Hendrik Salmon,  Julista Mustamu.

  Keywords

Legality, Dismissal, Village Apparatus, Village Head

  Abstract


Background: Dismissal of Village Officials causes quite a few problems, because the village head makes unilateral dismissal decisions and ignores various statutory provisions. Research Objectives: The aim of this research is to examine and analyze the legality of the village head's actions in dismissing village officials, and the legal consequences of the village head's actions in dismissing Village Officials who do not have legality. Research Method: The research method in this writing is normative legal research. The approaches used in this research are the statutory regulatory approach, conceptual approach, and case approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Techniques for collecting legal materials through literature study and analysis of legal materials are qualitative. Research Results: The act of dismissing village officials is within the authority of the village head, however, when the village head is going to dismiss village officials, the village head is obliged to consult with the sub-district head, the sub-district head will carry out a review to provide recommendations to the village head to dismiss or not dismiss village officials. Without consulting with the sub-district head as stipulated in the provisions of the statutory regulations, the village head's action in dismissing village officials has no legality, because it does not comply with the procedures and substance stipulated in the provisions of the statutory regulations. The legal consequences of the village head's action in dismissing village officials that do not have legality are void, so they are not binding from the time the decision in question is made, and do not require cancellation from the official who issued or the superior of the official who issued the decision in question, or a court decision to cancel the decision in question. However, the decision in question is void from the moment it is made and does not have binding legal force.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT24A4677

  Paper ID - 257869

  Page Number(s) - o550-o570

  Pubished in - Volume 12 | Issue 4 | April 2024

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

  Abraham L. Marlessy,  Hendrik Salmon,  Julista Mustamu.,   "Legality of the Village Head's Actions in Dismissing Village Officials.", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 4, pp.o550-o570, April 2024, Available at :http://www.ijcrt.org/papers/IJCRT24A4677.pdf

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ISSN: 2320-2882
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Journal Starting Year (ESTD) : 2013
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ISSN and 7.97 Impact Factor Details


ISSN
ISSN
ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
Journal Starting Year (ESTD) : 2013
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