Analisis Perbuatan Melawan Hukum Terhadap Perjanjian Kerja Sama Dalam Bidang Pendidikan Dalam Perkara Nomor. 147/PDT.G/2011/PN.PBR Dan Perkara Nomor. 76/PDT.G./2011/PN.PBR”

Desfito, Aldy Sokla (2022) Analisis Perbuatan Melawan Hukum Terhadap Perjanjian Kerja Sama Dalam Bidang Pendidikan Dalam Perkara Nomor. 147/PDT.G/2011/PN.PBR Dan Perkara Nomor. 76/PDT.G./2011/PN.PBR”. Masters thesis, Universitas Islam Riau.

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Abstract

Education is an effort to improve the quality of life and human resources. It is because of education that the children of the nation or state become intelligent. While the teacher is the spearhead to create the intelligence of the nation's children, so what if the teacher (principal) is bound by a cooperation agreement, the teacher cannot be equated with labor/workers because the teacher (principal) is an expert with special expertise. In practice, this is often ignored by law enforcement (judges) especially in court. If there is a case between the teacher (school principal) and the foundation regarding a cooperation agreement in the field of education, it will be decided by an interim decision by stating that the aquo case is the authority of the industrial relations court, not the judiciary. without seeing and studying the evidence that will be submitted by the parties as stated in the Pekanbaru District Court Decision Number. 76/PDT.G./201 1/PN.PBR 8 September 20 1 1. Based on the background of the authors described above, in this study the authors formulate the main problems as follows: A. Decision of the Pekanbaru District Court Number. 76IPDT.G.1201 IIPN.PBR Dated September 8, 2011. B. Decision of the Pekanbaru District Court Number. 147/PDT.G/201 1/PN.PBR 19 March 2012. This research, if viewed and its type, is classified as normative legal research. Based on its nature, this research is descriptive analytical research. . The results of this study were conveyed that the cooperation agreement in the field of education No. 08 dated October 23, 2009 between Yusrizal, S.Ag and H. Erwan Adrian Simbolon, SH where teachers (principals) cannot be equated with workers or laborers because teachers are experts who must meet the criteria determined by the Regulation of the Minister of National Education No. 13 of 2007 concerning Standards for Madrasah Principals, while workers or laborers are basically humans who use their energy and abilities to get a reward in the form of income in the form of money or other forms to the Employer or entrepreneur or employer. This is regulated in Law No. 13 of 2003 concerning Manpower, Article 1 Paragraph (3). Article 1365 of the Civil Code which is used as the basis by the Panel of Judges for Case No. 147/Pdt.G/201 IIPN.PBR to declare that notary Dewi Farni Dja'ar, SH has violated the law for not keeping the minutes of the deed and letting H. Erwan Ardian Simbolon, SH not sign the minutes of the deed, contrary to Article 16 Paragraph 1 Letter b and Article 44 Paragraph 1 of Law Number. 30 of 2004 Position of Notary.

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