LEGAL PROTECTION AND WELFARE IN EDUCATION: A POST-PANDEMIC RECOVERY PERSPECTIVE ON IMPLEMENTING LAW NO. 14 OF 2005

Franciscus Xaverius Wartoyo, Teguh Prasetyo

Abstract


Legal protection for teachers and lecturers in the post-COVID-19 pandemic period needs to be pursued, because it is part of improving their welfare in addition to safety in every activity and task. As referred to in article 14 paragraph (1) point e "Law No. 14 of 2005 concerning Teachers and Lecturers which includes legal protection, professional protection, occupational safety and health protection, and intellectual property rights (IPR)". This study intends to describe how the development of education in the implementation of Law No. 14 of 2005 concerning Teachers and Lecturers is viewed from the rights and obligations in the perspective of dignified justice. Research methods used normatively and empirically and literature review that supports descriptive exposure to strengthen argumentation and persuasion that explains facts in the field and the results of relevant data collection from various applicable legal sources. The COVID-19 pandemic has ended with Presidential Decree No. 17 of 2023, but the impact felt on teachers and lecturers, especially private universities, is still being felt today. The duties of teachers or lecturers, both public and private, have the same duties, it's just that the obligations are different, where it is determined by the conditions of each institution that houses the public and private. The task of the state in this case is that policy makers who oversee the education and private sectors through  their corporate social responsibility (CSR) would be nice to facilitate and support the duties of teachers and lecturers, because the duties of teachers and lecturers have the same duties, but judging from private universities in their operational management is still determined by the foundation of the university, especially related to the tri dharma of higher education and needs to be considered The welfare of its human resources, thus as a suggestion to pay more attention to supporting the welfare of human resources of private universities, land and building tax subsidies, electricity subsidies, rewards for authors of the Scopus journal, Sinta, or special grants for private universities, in order to restore the management of private universities, especially financial management operations so that they can compete with state universities. In implementing Law No. 14 of 2005 concerning Teachers and Lecturers, especially in the post-COVID-19 pandemic, private educational institutions are expected to get special attention and for private educational institutions the impact is very influential, especially in the field of financial management, in order to harmonize their financial management as before the COVID-19 pandemic, especially for teachers and lecturers who obtain welfare from private educational institutions in order to harmonize rights and obligations as stated in Law no. 14 of 2005 and realizing alenia 4 "educating the life of the nation" NRI Constitution 1945 and Pancasila which are justice-oriented with an intention.


Keywords


Legal protection; Obligations; Dignified Justice; Post pandemic recovery; Law No. 14 of 2005

Full Text:

PDF

References


Journals:

Al Fikry, Ahmad Habib, Muhammad Riyan Afandi, and Dian Latifiani. “National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic.” Lex Scientia Law Review 5, no. 2 (2021): 41-64.

Albana, Muhamad Zaky, and Zulfia Hanum Alfi Syahr. “Access to Posbakum In Pandemic Times And The Digital Era For The Community As A Meaning Of Social Justice Fulfillment.” Jurnal Hukum dan Peradilan 11, no. 3 (2022): 545-562.

Dissanayake, Dinushika. “Justice after COVID 19: An analysis of the challenges faced by the formal justice sector in Sri Lanka during a global pandemic.” Asia-Pacific Journal on Human Rights and the Law 23, no. 2 (2022): 156-205.

Gostin, Lawrence O., Roojin Habibi, and Benjamin Mason Meier. “Has global health law risen to meet the COVID-19 challenge? Revisiting the International Health Regulations to prepare for future threats.” The Journal of Law, Medicine & Ethics 48, no. 2 (2020): 376-381.

Hamdani, Fathul, and Ana Fauzia. “Legal Discourse: The Spirit of Democracy and Human Rights Post Simultaneous Regional Elections 2020 in the Covid-19 Pandemic Era.” Lex Scientia Law Review 5, no. 1 (2021): 97-118.

Hamzah, Bustanul Rifai, Sokhibul Kahfi, and Muhammad Hasyim. “The Legal Aspect of Digital Business Domination During Post Pandemic.” In Proceeding International Conference on Law, Economy, Social and Sharia (ICLESS), vol. 1, no. 1, pp. 120-130. 2022.

Imanuddin, Iman, and Bareskrim Polri. “Pendekatan Restorative Justice Dalam Menanggulangi Tindak Pidana Lingkungan Hidup.” Jurnal Syiar Hukum Jurnal Ilmu Hukum 17 (2020).

Ippolito, Francesca. “Re-Evaluating Triage in International Justice during COVID-19–Complying with the Rule of Law?.” International Organizations Law Review 18, no. 3 (2021): 448-481.

Jamali, Dima, and Charlotte Karam. “Corporate social responsibility in developing countries as an emerging field of study.” International journal of management reviews 20, no. 1 (2018): 32-61.

Kocev, Ljuben. “Copyright Protection vs Free Movement of Goods within the Internal Market of the EU.” Economics. Law. Innovation. no. 4 (2021): 55-63.

Lebret, Audrey. “COVID-19 pandemic and derogation to human rights.” Journal of Law and the Biosciences 7, no. 1 (2020): lsaa015.

Lee, Tsung-Ling. “The rise of technocracy and the covid-19 pandemic in taiwan: Courts, human rights, and the protection of vulnerable populations.” German Law Journal 22, no. 6 (2021): 1115-1132.

Lelliott, Joseph, Andreas Schloenhardt, and Ruby Ioannou. “Pandemics, punishment, and public health: COVID-19 and criminal law in Australia.” University of New South Wales Law Journal, The 44, no. 1 (2021): 167-196.

May, James R., and Erin Daly. “Dignity rights for a pandemic.” Law, Culture and the Humanities (2020): 1743872120944515.

Nurhanifah, Isra, and Eny Kusdarini. “The Policy of Legal-Entity State Higher Education Institutions (PTN-BH) Determination Viewed from Material Law Institutions.” Interdisciplinary Journal on Law, Social Sciences and Humanities 3, no. 1 (2022): 77-89.

Suharyanta, Suharyanta. “Implementation Of Legal Protection For Teachers To Tackling Criminal Acts Of Persecution.” Magistra Law Review 1, no. 02 (2020): 94-102.

Thomson, Stephen, and Eric C. Ip. “COVID-19 emergency measures and the impending authoritarian pandemic.” Journal of Law and the Biosciences 7, no. 1 (2020): lsaa064.

Timon, Andros. “Tanggung Jawab Pemerintah Daerah Dalam Pemberian Bantuan Hukum Bagi Masyarakat Miskin.” Jurnal Ilmu Pemerintahan Suara Khatulistiwa 6, no. 2 (2021): 160-174.

Wartoyo, Franciscus Xaverius. “Menakar Korelatifitas Merdeka Belajar dengan Sistem Pendidikan Nasional Undang-Undang Nomor 20 Tahun 2003 dan Pancasila.” Widya Pranata Hukum: Jurnal Kajian Dan Penelitian Hukum 4, no. 2 (2022): 140-153.

Wartoyo, Franciscus Xaverius. “Peran Negara Dan Masyarakat Dalam Menghadapi COVID-19 Dalam Perspektif Politik Dan Hukum.” Historis: Jurnal Kajian, Penelitian Dan Pengembangan Pendidikan Sejarah 5, no. 1 (2020): 29-40.

Widyawati, Anis, Rasdi Rasdi, Ridwan Arifin, and Septhian Eka Adiyatma. “Covid-19 and Human Rights: The Capture of the Fulfilment of Rights During the Covid Outbreaks.” Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang 6, no. 2 (2020): 259-286.

Windari, Rusmilawati, Supanto, Supanto, and Widodo Tresno Novianto. “Child protection versus teacher protection: a legal review of the settlement of school corporal punishment in Indonesia.” Crime, Law and Social Change 76 (2021): 1-22.

Young, Katharine G. “The idea of a human rights-based economic recovery after COVID-19.” International Journal of Public Law and Policy 6, no. 4 (2020): 390-415.

Books:

Raitio, Juha Tapani. “Legal Certainty.” In Encyclopedia of the Philosophy of Law and Social Philosophy, edited by Mortimer Sellers and Stephan Kirste, 1–6. Dordrecht: Springer Netherlands, 2020.

Conference & Proceedings:

Zahuri, Denny, and Evita Israhadi. “Juridic Review of Legal Protection towards Teachers as Educators.” In Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia. 2021.




DOI: http://dx.doi.org/10.26532/jph.v10i3.36117

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.


Jurnal Pembaharuan Hukum Indexed by :

google_scholar onesearch crossref garuda sinta base dimension DOAJ
Jurnal Pembaharuan Hukum  
Faculty of Law, UnissulaCopyright of Jurnal Pembaharuan Hukum
Jalan Kaligawe Raya KM.4, Terboyo Kulon, Genuk,ISSN 2580-3085 (Online) ISSN 2355-0481 (Print)
Semarang, Central Java, Indonesia, 50112JPH is licensed under a