LAW STATUS OF THE GOVERNMENT EMPLOYEE UNDER WORK AGREEMENT ACCORDING TO THE STATE CIVIL ARRANGEMENT OF APPLICATION IN INDONESIA

Abstract

The appointing of an employee must be done based on a classification that is in accordance with
the statutory regulations. The appointment must also be accompanied by legal protection. The new
concept of hiring employees, known as Government Employees under Work Agreement (PPPK)
raises a question in regards to the rights and obligations of the employees that are not the same as
ordinary civil servants. Due to this reason, this study was conducted with the aim of examining the
legal status of Government Employees under Work Agreements in accordance with the Law on
State Civil Apparatus. Normative juridical literature study was applied through two approaches
namely thestatute approach and conceptual approach. The results showed that the authority and
legal protection of the appointment of the employee is owned by the Personnel Management
Officer, where the appointment is carried out through an objective assessment based on
competence, qualifications, and needs, causing it to differ from the State Civil Apparatus. Thus it
can be concluded that the legal protection and employment rights related to PPPK are not the same
as civil servants. Moreover, the existence of PPPK tends to be non-permanent because it is only
adjusted to the work agreement within a certain period.