Inkonsistensi Konstitusional Perlindungan Kesejahteraan Dosen Tetap Yayasan Dalam Sistem Pendidikan Tinggi Indonesia

Abstract

Lecturers play a strategic role in Indonesia’s higher education system as professional academics responsible for education, research, and community service. Despite this important position, the welfare protection of Permanent Foundation Lecturers (Dosen Tetap Yayasan) remains a significant legal issue. Article 52 of Law Number 14 of 2005 concerning Teachers and Lecturers only states that the government “facilitates” the improvement of lecturers’ welfare, creating uncertainty regarding the state’s obligation to guarantee adequate welfare standards. This study examines the consistency of Article 52 with Article 27 paragraph (2) of the 1945 Constitution concerning the right to a decent livelihood and Article 28D paragraph (2) concerning the right to fair and equitable treatment in employment relations. The research aims to analyze the constitutional implications of the provision and its impact on the welfare protection of lecturers. Using a normative legal research method, this study applies statutory and conceptual approaches supported by primary and secondary legal materials. Data were analyzed through qualitative legal reasoning and constitutional harmonization. The findings indicate that Article 52 contains a vague norm because it does not establish binding obligations, minimum welfare standards, or effective enforcement mechanisms. At the same time, the state imposes strict professional obligations on lecturers through certification and performance monitoring systems. This imbalance demonstrates the need for stronger legal protection and regulatory harmonization to ensure the constitutional rights of lecturers are adequately protected.