Klausula Azas Retroaktif dalam Surat Perjanjian Kerja Pendamping Desa Ditinjau dari Teori Kepastian Hukum dan Perlindungan Hukum

Sujoko, Ali and Dewanto, Wisnu Aryo (2026) Klausula Azas Retroaktif dalam Surat Perjanjian Kerja Pendamping Desa Ditinjau dari Teori Kepastian Hukum dan Perlindungan Hukum. In: Dinamika Hukum Pengaturan BUMDesa. Program Studi Magister Ilmu Hukum Universitas Surabaya, Surabaya.

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Abstract

This study examines the application of the retroactive clause in the Village Facilitator Employment Agreement (SPK), which raises legal issues related to legal certainty and legal protection. A retroactive clause is a provision that applies an agreement retroactively to the date of signing. In practice, this is often used in Village Facilitator employment contracts to align with the government budget cycle. This creates a mismatch between the normative validity of the contract and the actual signing date, potentially violating the principle of consensualism and creating legal uncertainty and injustice for workers. The research question is whether the application of the retroactive clause in the Village Facilitator Employment Agreement (SPK) meets the principle of legal certainty and reflects the principle of justice for Village Facilitators as workers. This study aims to analyze the application of this clause based on the theory of legal certainty and examine its application from a justice perspective. The research method used is normative legal research with a case study approach and a conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials, which are analyzed qualitatively to obtain systematic legal arguments. The research results indicate that the application of the retroactive clause in the Village Facilitator's Work Agreement (SPK) does not fully meet the principle of legal certainty because it creates uncertainty regarding the start date of the employment relationship and the rights and obligations of the parties. Furthermore, the clause does not reflect the principle of justice because it creates an imbalance in the position between the government and workers, and has the potential to harm workers in fulfilling their rights. Therefore, improvements are needed in the preparation of employment contracts to align with the principles of legal certainty and legal protection and provide adequate legal protection for Village Facilitators

Item Type:	Book Section
Uncontrolled Keywords:	retroactive clause, employment contract, legal certainty, justice, village facilitators
Subjects:	K Law > K Law (General)
Divisions:	Postgraduate Programs > Master Program in Law
Depositing User:	Amirul Ulum 195027
Date Deposited:	07 Aug 2026 07:45
Last Modified:	07 Aug 2026 07:45
URI:	http://repository.ubaya.ac.id/id/eprint/51171

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