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All Journal Jurnal Ilmiah Penegakan Hukum LEGAL BRIEF
Saputra, Jarnawi Hadi
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Law, Crime, Criminology & Criminal Justice

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Legal Review of the Practice of Paying Lecturers Below Minimum Standards in Private Higher Education Employment Contracts Amalia, Apri; Turnip, Johannes Mangapul; Saputra, Jarnawi Hadi
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1362

Abstract

Lecturers are not only teachers, but also have a role as researchers and implementers of community service. Therefore, lecturers are entitled to receive a decent wage in accordance with minimum standards. The employment relationship between lecturers and Private Higher Education Institutions (PTS) is outlined in the form of an employment agreement that includes concise provisions regarding rights and obligations, one of which is the right to Lecturer Wages. In practice, there are several lecturers in the Private Higher Education environment who have not enjoyed their wage rights optimally. They receive wages below the minimum standard, paid according to per credit unit of teaching, which is not in accordance with the lecturer employment agreement and laws and regulations. This raises issues regarding the legality of the lecturer employment agreement system in PTS and the legal protection of lecturers against substandard wages. This study aims to determine the wage system of lecturers' employment agreements with private universities (PTS) and analyze legal protection against wage practices that do not comply with regulations. The research method used is normative juridical with a statutory approach and literature review. The results of the study indicate that the implementation of fixed-term employment agreements between lecturers and private universities does not comply with the provisions of Articles 90 and 91 of the Manpower Law, which state that wages below the Provincial Minimum Wage (UMP) are invalid. This violation has legal consequences in the form of default and administrative sanctions. Legal protection for minimum wages is affirmed in Government Regulation No. 36 of 2021 concerning Wages, which regulates the wage scale structure, and Regulation of the Minister of Education, Culture, Research, and Technology No. 53 of 2023
Pengaturan Hukum dan Pertanggungjawaban Pidana dalam Program Makan Bergizi Gratis (MBG) dalam Kajian Prinsip Pelayanan Publik dan Akuntabilitas Negara Khairiah, Umi; Saputra, Jarnawi Hadi; Warsiman; Sipahutar, Anjani
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.14087

Abstract

The Free Nutritious Meal Program (Makan Bergizi Gratis/MBG) is a strategic government policy aimed at improving community nutritional quality, reducing stunting rates, and expanding access to healthy food for vulnerable groups. As a part of public services, the program must be implemented based on the principles of transparency, accountability, and legal certainty as mandated by the 1945 Constitution, the Food Law, Consumer Protection Law, Public Service Law, and State Finance Law. This study employs a normative juridical method using statutory, conceptual, and analytical approaches to examine the legal framework, potential criminal liabilities, and normative proposals to strengthen the accountability of the MBG program. The findings indicate that, although the MBG program has a strong normative legal foundation, the absence of comprehensive technical regulations still poses risks of overlapping authorities, inconsistent standards, and weak oversight. Furthermore, deviations in program implementation may lead to criminal liabilities, particularly regarding violations of food safety, consumer rights, corruption in procurement processes, abuse of authority, and breaches of public health standards. Therefore, the formulation of specific regulations, enhanced budget transparency, strengthened minimum service standards, and optimized supervisory mechanisms are essential to ensure that the MBG program is implemented safely, effectively, and accountably.
Co-Authors Amalia, Apri Anjani Sipahutar Khairiah, Umi Turnip, Johannes Mangapul Warsiman