A Portrait of Private Lecturer Salaries based on the Laws in Force in Indonesia

I. Introduction

Lecturers in Indonesia have Tri Dharma obligations, namely educating, conducting research, and serving the community. For hundreds of thousands of lecturers across the country, this assignment is a challenge. According to the Central Statistics Agency (BPS), the number of lecturers in Indonesia in 2021 will be 311,642 people. According to campus status, state universities (PTN) have 82,608 lecturers and a total of 182,844 lecturers are in private universities (PTS) (M Ivan Mahdi, 2022).

Due to the large number of tertiary institutions in Indonesia, in terms of income there is ambiguity regarding lecturer salary norms. Not only State Universities (PTN) and Private Universities (PTS), but also Legal Entity PTNs (PTN-BH), Public Service Agency PTNs (PT-BLU), and Universities under the Ministry of Religion, all of which total around 4,600 campuses in Indonesia. PTS in Indonesia also vary and have different qualities. (Dzulfikar, 2022).

This is a consequence of their working relationship. So, it is very diverse when discussing topics such as salaries, benefits, and working conditions of lecturers. Civil servant lecturers (PNS) fall into whose salary scale is more transparent than the others. He complies with both government directives and the State Civil Apparatus Law (UU ASN) (PP-15, 2019).

Salary eligibility for PNS lecturers, however, may not always match the compensation structure they receive. The problem is that civil servants get a performance allowance if they enter ASN, so the take home pay is the basic salary plus. Lecturers do not get a performance bonus. So, his only source of income when he was first hired by the college was his base salary.

According to (PP-15, 2019), a class III-b civil servant lecturer who has just earned a master's degree and started working receives a basic salary of IDR 2,688,500. Only 80% of the basic wages earned by those who are still prospective civil servants. Compare this to IDR 5–9 million including the allowance that can be obtained by fresh graduates from undergraduate programs (PNS who are not lecturers). Lecturers usually only receive allowances after two to three years. After being appointed as Expert Assistant (AA), the amount was IDR 375,000 according to (PERPRES-65, 2007). Where AA is the first level of four levels whose process of advancement is full of obstacles and varies on each campus (Dzulfikar, 2022).

New lecturers will have a relatively decent income, maybe after the 3rd year because there will be a lot of additional income apart from the basic salary. After that, lecturer salaries increase again for at least five years after passing the lecturer certification. A professional allowance equal to one time of the basic salary is given to lecturers who have this certification, per (PP-41, 2009). However, the lecturer certification process is convoluted and full of administrative demands, starting from teaching portfolios to lecturer certification of basic academic skills and English language skills (TKDA, TKBI). Individuals who have worked as lecturers for many years and have many journal articles published while attending lecturer certification must also create portfolios, videos on learning, community service, and research which all have extremely complicated administrative requirements and also follow long queues.

Many lecturers are not fairly compensated, despite the fact that they are considered permanent lecturers. The compensation of permanent lecturers in private tertiary institutions is frequently found to be less than the provincial minimum wage (UMP).

Many lecturers have taught for years, maybe even decades, but are still waiting to be certified as lecturers. Every year, lecturers have to wait to find out whether they have succeeded in entering the lecturer certification quota or not. The government always argues that lecturers don't get performance allowances because there is lecturer certification. The certification process for lecturers is increasingly difficult, therefore who is in charge of ensuring their welfare? Lecturer is a less friendly career for people who are not privileged.

Depending on the capabilities of the foundation, foundation lecturers (at private universities) may even do worse; for example, teaching once can only receive an honorarium of IDR 50,000. In addition, because the monthly salary is only based on the number of meetings and lectures, lecturers do not receive any salary during school holidays. Many lecturers are ultimately forced to find additional work outside the university. For example, despite having a heavy workload due to Tri Dharma duties and other administrative demands, many law faculty teachers are forced to act as expert witnesses, legal advisors or researchers. Not all lecturers have the same availability of free time or opportunities to find side jobs. It's better to look outside if the system is already difficult because it is important for survival. Until in the end the majority of lecturers considered that their side jobs were an integral part of their jobs and had to be treated as such. Although maybe it shouldn't be like that.

There are still private tertiary institutions that prefer to employ lecturers who already have jobs under the pretext of teaching practitioners, who are not too concerned about the salary scale because they feel their reputation is growing because apart from office workers, they are also lecturers. But what about those people whose only source of income is their teaching job?

The remuneration of private lecturers varies widely because it depends on the ability of the financial management of these private institutions to support all of their lecturers and staff. One of a college's most valuable resources is its lecturers as they contribute to creating the "face of the college" for obtaining higher education accreditation.

But are the salaries they get reasonable? How much do private lecturers earn and what is their welfare? What challenges are currently facing lecturers, especially those who are not privileged? besides the uncertainty and diversity of pay scales?

Materials and methods

The conceptual and contextual approach used in this study is typical of legal research that employs normative juridical procedures. References to books, articles, laws, and other supporting resources, such as legal studies on related case issues, can be used to analyse a problem.

II. Data analysis

Considering the duties and responsibilities that lecturers have under (UU-14, 2005) Article 51 paragraph (1) concerning Teachers and Lecturers, lecturers have the right to:

a. Earn income above the minimum necessities of life and social welfare insurance;

b. Get promotions and awards according to work assignments and achievements;

c. Obtain protection in carrying out duties and intellectual property rights;

d. Get the opportunity to improve competence, access to learning resources, information, learning facilities and infrastructure, as well as research and community service;

e. Have academic freedom, academic platform, and scientific autonomy;

f. Have freedom in giving assessments and determining student graduation; And

g. Have the freedom to associate in professional organizations/scientific professional organizations.

The rights of lecturers are then outlined in (UU-14, 2005) Articles 52 and 58, which examine income and include the following as rights of lecturers:

The basic salary, benefits attached to the salary, as well as other income in the form of professional allowances, functional allowances, special allowances, honorary allowances, as well as additional benefits related to the task of being a lecturer which is determined by the principle of reward on the basis of achievement are all considered to be income above the minimum living necessities as referred to in (UU-14, 2005) Article 51 paragraph (1) letter a.

(1) Lecturers who are appointed by higher education units organized by the Government or regional governments are given a salary in accordance with statutory regulations.

(2) Lecturers who are appointed by higher education units organized by the community are given a salary based on a work agreement or collective bargaining agreement.

In addition, lecturers are required to comply with the obligations listed in (UU-14, 2005) Article 60 when performing their professional duties:

a. Carry out education, research, and community service;

b. Plan, carry out the learning process, as well as assess and evaluate learning outcomes;

c. Improve and develop academic qualifications and competencies in a sustainable manner in line with developments in science, technology and art;

d. Act objectively and not discriminatively on the basis of considerations of gender, religion, ethnicity, race, certain physical conditions, or the socioeconomic background of students in learning;

e. Uphold statutory regulations, laws, and ethical codes, as well as religious and ethical values; and

f. Maintaining and fostering the unity and integrity of the nation.

In (Permendikbud_RI_Nomor_84, 2013) On the Appointment of Non-Civil Servant Permanent Lecturers at State Universities and Permanent Lecturers at Private Universities, the regulations governing permanent lecturers in PTS are outlined. (Permendikbud_RI_Nomor_84, 2013) Article 1 point 3 jo. Article 2 paragraph. Permanent PTS lecturers are full-time lecturers who are chosen and determined by the PTS organizing body based on a work agreement in line with statutory provisions. According to (Permendikbud_RI_Nomor_84, 2013). Article 1 Point 6, the PTS organizational body in question is a non-profit legal entity that can be constituted as a foundation, association, union, or association.

If he/she satisfies the basic requirements and unique requirements listed in (Permendikbud_RI_Nomor_84, 2013) Article 3 paragraphs (1), (2), and (3), anyone may be appointed as a permanent PTS lecturer.

General prerequisites, such as:

a. The highest age is 50 years;

b. Pious to God Almighty;

c. Loyal to Pancasila as the foundation of the state, the 1945 Constitution of the Republic of Indonesia, and the Unitary State of the Republic of Indonesia;

d. Have never been punished for committing a crime based on a court decision that has permanent legal force;

e. Physically and mentally healthy and able to perform duties as a lecturer; and

f. Not bound as a Civil Servant lecturer/non-Civil Servant permanent lecturer at other tertiary institutions and/or as a permanent employee at another institution.

Special requirements, including:

a. Have a minimum academic qualification of a graduate of a master's program or equivalent in the field of science and technology in accordance with the field of

assignment; and

b. Pass the selection held by the tertiary institution and/or PTS organizing body.

As for the rights of permanent lecturers in PTS, namely (Permendikbud_RI_Nomor_84, 2013) Article 9 paragraph (1):

a. Obtain a decent income above the minimum living needs;

b. Get old age insurance and health insurance;

c. Get promotions and awards according to work assignments and achievements;

d. Obtain protection in carrying out duties and intellectual property rights;

e. Get the opportunity to improve competence, access to learning resources, information, learning facilities and infrastructure, as well as research and community service;

f. Have academic freedom, academic platform, and scientific autonomy;

g. Have freedom in giving assessments and determining student graduation; and

h. Have the freedom to associate in professional organizations/scientific professional organizations.

While the obligations of permanent PTS lecturers are (Permendikbud_RI_Nomor_84, 2013) Article 9 paragraph (2):

a. Work full time 40 hours per week;

b. Carry out the Higher Education Tri dharma with a workload of at least commensurate with 12 semester credit units in each semester according to their academic qualifications; and

c. Carry out other obligations stipulated in the work agreement.

Furthermore, the compensation received by permanent PTS lecturers is (Permendikbud_RI_Nomor_84, 2013) Article 11 paragraph (1) and (3).

(1) Non PNS permanent lecturers and PTS permanent lecturers receive:

a. Basic salary;

b. Income attached to salary;

c. Other income;

d. Social welfare guarantee; and

e. Additional benefit.

(3) For permanent PTS lecturers, in addition to getting the salary and income as referred to in paragraph (1), they also receive professional allowances and honorary allowances for Lecturers in accordance with laws and regulations.

Particularly in light of provisions in (UU-14, 2005) that gave rise to labour agreements or collective work agreements as the foundation for the interaction between lecturers and higher education units, legal protection for the pay of private lecturers is necessary.

The salary arrangements for lecturers, both private and public, generally referred to statutory restrictions prior to its emergence (UU-14, 2005). According to government regulations, lecturers must successfully complete a functional role before being promoted to a functional position.

A labour agreement letter that binds the lecturer in question as an employee of a private higher education institution may also be used to establish the status of private lecturers, both permanent and non-permanent lecturers, in addition to a letter of appointment. However, the labour agreement letter only provides broad regulation; any specifics relating the parties' rights and obligations are covered by the relevant laws and regulations.

The profession of lecturers also demonstrates that lecturers have a great deal of freedom in carrying out their responsibilities to put out their best effort in order to accomplish a particular objective. Making an honest effort is the cornerstone of fulfilling a lecturer's duties, not only carrying out tasks as directed by superiors or even students acting as customers. Yet, it can be regulated in terms of specific standards so that a lecturer can fulfil his duties while working with qualified employees. The role of lecturers as professional staff has a vision to fulfil equal rights for every citizen in receiving high-quality education by implementing learning in line with professional principles.

Salary protection for private lecturers according to (UU-14, 2005), an agreement between the parties that is achieved with the principles of "non-discrimination," volunteerism (without violence, threats, or compulsion), and fairness/balance is related to the legal protection of private lecturer remuneration. In violation of Article 60's responsibilities, lecturers appointed by school administrators or publicly funded higher education institutions are subject to punishment under employment agreements or collective bargaining agreements. According to Article 78, paragraph (3), the non-discrimination, voluntarism, and fairness for the parties principles must be the foundation of any agreements governing private lecturers salaries obtained through work agreements or collective labour agreements. Of course, this must also be in accordance with the rights and obligations of the parties, therefore the work agreement or collective labour agreement that they make must be clear about the rights and obligations of the parties. The regulation "mandatory credits for a lecturer of 12 credits which is equivalent to working hours of 36 hours per week" is an example of concrete regulations regarding lecturer working time that can be made at a certain amount, so that lecturers who teach more than 12 credits are entitled to an additional salary while those who teach less of 12 credits required for an office to cover the shortage of working time. The concerned higher education unit's staffing arrangements, including those from the beginning of lecturer acceptance, appointment, arrangement of academic positions, payroll, to termination of employment or retirement, must fully support the principles of non-discrimination, voluntarism, and fairness.

Although the (UU-14, 2005) refers to agreements made between lecturers and higher education units as "work/collaborative agreements," professional protection that can be given in relation to the salary received by private lecturers can be given based on the status and position of the lecturer as a professional, not as a worker. The (UU-14, 2005) defines the terms "work agreement" and "collective work agreement" (KKB) to mean a written agreement between a teacher or lecturer and an educational provider or educational unit that specifies the terms of employment and the rights and obligations of the parties in accordance with the principles of equality and partnership based on statutory regulations. The owners/leaders of higher education units and lecturers are the topic of the work agreement or KKB. A crucial question is raised in this context: "Is the relationship that develops between the lecturer and the owner/leader of the higher education unit included in a working relationship based on a work agreement?" If the response is "yes," the lecturer's status and position are those of a "worker" rather than a "professional". The term "lecturer" in the (UU-14, 2005) refers to "professional educators and scientists with the main task of transforming, developing, and disseminating science, technology, and the arts through education, research, and community service," which is inextricably linked. To be able to serve as the subject of work agreements such as in employment relations, the work of lecturers in outsourcing, developing, and disseminating science, technology, and art through education, research, and community service cannot be stated in such a way. Instead of a connection based on equality, it is primarily concerned with the nature of the employment relationship, which is accentuated by the equal nature of the relationship. Orders and instructions given by employers to employees must be followed; employees are not allowed to deviate from these directives. Even when a worker or labourer disobeys directions or instructions from the employer, this can be used as justification for a broken promise or default. Additionally, it demonstrates that a lecturer is more than just a worker subject to a working relationship and required to follow employer commands. Since lecturers perform professional duties, they are not only entitled to a pay but also to additional rights that support their independence, particularly the following rights:

a. Obtain protection in carrying out duties and intellectual property rights;

b. Obtaining opportunities to improve competence, access to learning resources, information, learning facilities and infrastructure, as well as research and community service;

c. Have academic freedom, academic platform, and scientific autonomy;

d. Have freedom in giving assessments and determining student graduation.

The (UU-14, 2005) guarantees lecturers certain rights, including the obligation to uphold their professionalism through a combination of credentials, skills, certificates, and academic positions..

It's just that new problems arise when each private university feels that they are free to translate related work agreements with lecturers. Under the pretext of the financial capacity of each private higher education institution, trying to be the cheapest to recruit as many students as possible, preferring to employ lecturers who already have income from other jobs, there is no institution assigned by the government to carry out assessments regarding the implementation of regulations/ regulations issued, the rate of inflation that is not taken into account in the payroll of lecturers, etc., this triggers uncertainty regarding the salaries of private lecturers. Even with the possibility of reduced salaries due to reduced teaching slots while the increasing cost of living.

Whereas it is easy to establish PTS, based on (Permendikbud-7, 2020) concerning Establishment, Change, Dissolution of State Universities, and Establishment, Change, Revocation of Private Higher Education Permits. It turns out that there has not been a derivative regulation regarding the minimum salary for lecturers and educational staff at PTS.

Forums like this might be an option for academics because "the lecturers have difficulty referring to what kind of advocacy?" This can serve as a reference for persistent advocacy from collective forums and lecturer unions, including the Indonesian Lecturers' Association (PGRI) and the Indonesian Lecturers' Union Federation (FSGI), to promote the development of the teaching profession. It is possible to struggle together, there are meeting points, the relationship between different types of work will be challenging with various types of universities and trying to foster a sense of togetherness among fellow professions.

III. Conclusion

Based on the findings of the study above, there are still many private campuses in Indonesia that have not provided proper salary and allowance facilities for the lives of their lecturers as mandated by law. Therefore, many lecturers feel obligated to seek outside income to meet their living expenses, especially for those who have not reached high functional positions and are not yet certified.

The government has provided guidance with the existence of laws, it's just that when there is no proactive attitude to carry out assessments, private tertiary institutions still feel free to formulate the remuneration given to lecturers at will.

The problems above will certainly have an impact on the quality of teaching received by students.

Recommendation

Private tertiary institutions play a crucial role in the production of qualified human resources. The government and other relevant parties must make a significant commitment. As well as the issuance of written regulations regarding the minimum salary for permanent lecturers in Private tertiary institutions, as a form of state presence for permanent lecturers in Private tertiary institutions.

The minimum financial standards for foundations in organizing PTS must be harmonized, and it is necessary to issue rules regarding the minimum salary scheme for PTS lecturers. Scientific exploitation of lecturers who have been imaged as dedication is an act that is not good. Improving the welfare of permanent PTS lecturers is an absolute matter that must be immediately followed up by the Ministry of Education and Culture, in the form of policy regulations. The Government in this case the ministry of education and culture through the Higher Education Service Institutions (LLDikti) in their respective regions should be more proactive in conducting assessments and not turning a blind eye (waiting for complaints from lecturers to act), to find irregularities that must be corrected.

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IV. References

Dzulfikar, L. T. (2022). Pakar Menjawab: Seperti apa potret gaji dan realitas kesejahteraan dosen di Indonesia? https://theconversation.com/pakar-menjawab-seperti-apa-potret-gaji-dan-realitas-kesejahteraan-dosen-di-indonesia-193044

M Ivan Mahdi. (2022). Jumlah Dosen di Indonesia Sebanyak 311.642 pada 2021. Dataindonesia.id. https://dataindonesia.id/ragam/detail/jumlah-dosen-di-indonesia-sebanyak-311642-pada-2021

Permendikbud_RI_Nomor_84. (2013). Permendikbud RI Nomor 84 Tahun 2013 Tentang Pengangkatan Dosen Tetap Non Pegawai Negeri Sipil Pada Perguruan Tinggi Negeri Dan Dosen Tetap Pada Perguruan Tinggi Swasta.

Permendikbud-7. (2020). PERATURAN MENTERI PENDIDIKAN DAN KEBUDAYAAN REPUBLIK INDONESIA NOMOR 7 TAHUN 2020 TENTANG PENDIRIAN, PERUBAHAN, PEMBUBARAN PERGURUAN TINGGI NEGERI, DAN PENDIRIAN, PERUBAHAN, PENCABUTAN IZIN PERGURUAN TINGGI SWASTA.

PERPRES-65. (2007). PERATURAN PRESIDEN REPUBLIK INDONESIA NOMOR 65 TAHUN 2007 TENTANG TUNJANGAN DOSEN.

PP-15. (2019). Peraturan Pemerintah Republik Indonesia Nomor 15 Tahun 2019 Tentang Perubahan Kedelapan Belas Atas Peraturan Pemerintah Nomor 7 Tahun 1977 Tentang Peraturan Gaji Pegawai Negeri Sipil.

PP-41. (2009). Peraturan Pemerintah Republik Indonesia Nomor 41 Tahun 2009 Tentang Tunjangan Profesi Guru Dan Dosen, Tunjangan Khusus Guru Dan Dosen, Serta Tunjangan Kehormatan Profesor.

UU-14. (2005). Undang-undang Republik Indonesia Nomor 14 Tahun 2005 tentang Guru dan Dosen.

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Footnotes

1. Author is a student at the Faculty of Law, Universitas Dr. Soetomo, Surabaya, Indonesia.

2. Author is a Doctor of Law at the Faculty of Law, Universitas Dr. Soetomo, Surabaya, Indonesia.