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PENERAPAN ASAS KEBEBASAN BERKONTRAK DAN PERLINDUNGAN HUKUM DALAM PERJANJIAN KERJA PPPK (STUDI PADA INSTANSI KANTOR REGIONAL I BKN YOGYAKARTA)
Government Employees with Work Agreements (PPPK) are Indonesian citizens who meet certain requirements and are appointed based on a work agreement for a certain period. The work relationship between PPPK and the government institution is based on a standard contract and determined unilaterally by the government, thereby causing problems regarding the implementation of the principle of freedom of contract and legal protection, especially when the PPPK contract is not renewed until retirement age. This condition has the potential to cause an imbalance in the position of parties and legal uncertainty for PPPK. Thus, this study discussed the Implementation of the Principle of Freedom of Contract and Legal Protection in Work Agreement of PPPK (A Study in Regional Office I of BKN Yogyakarta). The type of the study was normative-empirical legal research in descriptive evaluative method, and used a statute approach and a conceptual approach. The data collection techniques were carried out through interviews and a literature study. The theory used as the basis of this study was agreement theory, legal protection theory, and state administration theory. The results of the study showed that the principle of the freedom of contract in the PPPK agreement in the Regional Office I of BKN Yogyakarta has been met, where the freedom of contract in this agreement is interpreted that PPPK is free to accept or refuse the work agreement offered. With the limitation of PPPK in formulating work agreements, legal protection is required, especially related to the renewal of the PPPK contract. This study found that in Regional Office I of BKN Yogyakarta, the non-renewal of the PPPK work agreement is construed as a termination of employment in accordance with Article 53 of Government Regulation Number 49 of 2018 concerning the Management of PPPK. Therefore, preventive protection through regulations regulating the non-renewal of work contracts is required, which can be achieved through the termination of PPPK employment. Moreover, repressive protection through appeal in BPASN is also required, which can be carried out by PPPK if PPPK feels harmed when the agreement is not renewed in accordance with the termination of PPPK's employment. Legal protection for the PPPK work agreement is expected to be implemented with balanced principles and carried out in accordance with good faith.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PENERAPAN ASAS KEBEBASAN BERKONTRAK DAN PERLINDUNGAN HUKUM DALAM PERJANJIAN KERJA PPPK (STUDI PADA INSTANSI KANTOR REGIONAL I BKN YOGYAKARTA) (Text)
PENERAPAN ASAS KEBEBASAN BERKONTRAK DAN PERLINDUNGAN HUKUM DALAM PERJANJIAN KERJA PPPK (STUDI PADA INSTANSI KANTOR REGIONAL I BKN YOGYAKARTA) (Other)
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