KEPASTIAN HUKUM DALAM IMPLEMENTASI TUNJANGAN KINERJA GURU ASN: STUDI PERBANDINGAN ANTARA PNS DAN PPPK

Abstract

This study began with the issue of legal uncertainty in the provision of performance allowances for teachers working under the Civil Service Law, particularly regarding differences in application between teachers with civil servant status and PPPK status, even though both have the same legal standing. This study aims to analyze how the applicable regulations on performance allowances for civil servant teachers are implemented to achieve legal certainty, as well as to find out the causes of differences in the provision of allowances between civil servants and PPPK. This study uses a normative legal method with a legislative and literature study approach, as well as analyzing various regulations such as the ASN Law, PP 41 of 2009, Perpres 11 of 2024, and Permendikdasmen 4 of 2025. The results of the study show that legally, the basis for granting allowances to civil servant teachers is quite clear and in accordance with the principle of legal certainty. However, in practice, civil servant teachers still face many obstacles, such as complicated administrative procedures, data inconsistencies, and regional bureaucratic systems that cause delays in allowance payments. Meanwhile, PPPK teachers find it easier to obtain payment guarantees due to a centralized and contract-based payment system. The discussion shows that there's a gap between written laws and how they're applied in practice, which affects teachers' welfare and education quality. This study suggests that there needs to be alignment between central and local policies, simplification of bureaucratic processes, implementation of a digital payment system, and stricter supervision so that legal certainty in providing allowances for all civil servant teachers can be achieved fairly.