Perlindungan Hukum Hak Upah Pegawai Honorer dalam Perjanjian Kerja Ditinjau Dari Asas Kepastian Hukum dan Keadilan (Studi Perjanjian Kerja di Kantor Camat Tempuling)

Abstract

This study aims to analyze the legal protection of the wage rights of honorary employees at the Tempuling District Office based on the agreed employment contract, and to review the fulfillment of these rights from the perspective of the Principles of Legal Certainty and Justice. The research method used is normative juridical with a statute approach and a conceptual approach. The results showed that the factual payment of honorary employees' wages at the Tempuling District Office was often carried out every three months (quarterly). This delay practice is categorized as a form of default (wanprestasi) of time as regulated in Article 1243 of the Indonesian Civil Code (KUHPerdata) for exceeding the agreed monthly deadline, while also violating the binding force of the contract in Article 1338 of the Civil Code (pacta sunt servanda). From the aspect of justice, delaying wages contradicts Article 28D paragraph (2) of the 1945 Constitution of the Republic of Indonesia because it ignores the daily living needs of workers. The main factor causing this default is the clash between the civil contract law regime and the rigidity of the regional budget disbursement system (APBD). This study recommends the need for preventive legal protection in the form of transparent contract clause amendments or the provision of bridging funds by the local government so that wages can be received on time.