TINJAUAN HUKUM PEMBERIAN UPAH DI BAWAH UPAH MINIMUM KEPADA DOSEN TETAP PERGURUAN TINGGI SWASTA

Abstract

Permanent lecturers at private universities (PTS) often receive wages below the Provincial Minimum Wage (UMP). Normatively, lecturers are professionals who are entitled to a decent income. Paying permanent lecturers at PTS below the minimum wage violates the principles of justice and legal protection as stipulated in the 1945 Constitution, which guarantees every citizen's right to obtain decent work and livelihood for humanity. The purpose of this study is to analyze the legal certainty for PTS lecturers who receive wages below the UMP, as well as to provide recommendations for policy improvements to provide legal protection for their welfare. This is a normative legal study with a legislative approach. The research was conducted through a literature review using primary and secondary legal materials. The results of the study indicate a conflict of norms between the Foundation Law and the Job Creation Law, as well as the weak implementation of Ministry of Education and Culture Regulation No. 84 of 2013, which has resulted in the legal certainty and wage protection for permanent lecturers at private universities not being effectively enforced. New regulations are needed to establish clear minimum wage standards and detailed provisions on the rights and obligations of lecturers in employment contracts to provide legal certainty and fair protection.