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ASAS PRESTASI DAN KONTRAPRESTASI DALAM HUBUNGAN KERJA TANPA PERJANJIAN TERTULIS: TINJAUAN HUKUM TERHADAP PENARIKAN KEMBALI UPAH GURU HONORER
The employment relationship between honorary teachers and educational institutions is a legal one based on the principles of performance and counter-performance. The teacher is obligated to carry out teaching duties as a performance, while the school is obligated to provide wages as a form of counter-performance. Problems arise when the employment relationship is unilaterally terminated, followed by demands from the school to return wages to the honorary teacher after the dismissal. The status of wages received, as well as the form of legal protection for honorary teachers who are disadvantaged by the withdrawal of wages, are discussed. This research uses an empirical legal method with a statutory, conceptual, and empirical approach. Data were obtained through interviews with honorary teachers who experienced the incident directly, and are supported by a literature review of laws and regulations, specifically Law Number 14 of 2005 concerning Teachers and Lecturers, the Manpower Law, Government Regulation Number 36 of 2021, and Regulation of the Minister of Education and Culture Number 10 of 2017. The analysis was conducted using a qualitative descriptive approach, utilizing the theory of contracts and legal protection. The research results show that demands for the return of wages after unilateral termination of employment lack a strong legal basis, as wages are a right arising from the work performance of honorary teachers. This action is inconsistent with the principles of justice and protection of the teaching profession. Resolutions should be made through deliberation, mediation facilitated by the education office, or legal action if the teacher's rights remain unfulfilled, so that legal protection for honorary teachers can be properly realized.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ASAS PRESTASI DAN KONTRAPRESTASI DALAM HUBUNGAN KERJA TANPA PERJANJIAN TERTULIS: TINJAUAN HUKUM TERHADAP PENARIKAN KEMBALI UPAH GURU HONORER (Text)
ASAS PRESTASI DAN KONTRAPRESTASI DALAM HUBUNGAN KERJA TANPA PERJANJIAN TERTULIS: TINJAUAN HUKUM TERHADAP PENARIKAN KEMBALI UPAH GURU HONORER (Other)
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