Legal Protection for Workers of Certain Time Work Agreement (PKWT) Exceeding the Time Limit of 5 (five) Years
DOI:
https://doi.org/10.30659/picldpw.v4i0.50132Kata Kunci:
Legal Certainty, Protection, PKWT time limit.Abstrak
Protection of workers with a Certain Time Work Agreement (PKWT), this is a government step to protect the interests of PKWT workers has made the latest Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law and Government Regulation Number 35 of 2021 concerning Certain Time Work Agreements, Outsourcing, Working Time, and Rest Time, and Termination of Employment. Many people consider that they still do not have legal certainty for workers if there is a violation of the provisions relating to the terms and elements of a certain time work agreement work contract. In theory, legal certainty is the clarity of behavioral scenarios that are general and binding on all citizens, including legal consequences. That the terms of the implementation of PKWT, there is no clarity of norms regarding legal sanctions or legal implications if there is a violation of the terms and conditions of the implementation of a Certain Time Work Agreement, especially violations of the past length of PKWT, where the provisions stipulated in the Government Regulation of the Republic of Indonesia that PKWT is no longer than 5 (five) years. However, it does not regulate sanctions if violated. So that legal protection for PKWT workers regarding overdue time is important because it is related to legal certainty of employment relationship status.
Referensi
Journals:
Caroline, C., Sumiati, S., et.al. 2023. Taxation in the Modern Economy: An In-Depth Analysis of Policy Frameworks, Economic Implications, and Strategic Approaches for Sustainable Financial Development. International Journal of Society Reviews, Vol, 1 No.2: p.363-374, accessed from https://scholar.google.co.id/scholar?hl=en&as_sdt=0,5&cluster=4174919886406042461
Deen, Thaufiq., Ong Argo Victoria & Sumain. 2018. Public Notary Services in Malaysia. JURNAL AKTA, Vol. 5, No. 4: p.1017-1026. Doi: 10.30659/akta.v5i4.4135, accessed from https://jurnal.unissula.ac.id/index.php/akta/article/view/4135
Hajar, Ibnu, & Mubarok, Umam Alfi. 2023. Peningkatan Kinerja Sumber Daya Manusia dalam Konteks Dukungan Sosial. in Jurnal Riset Bisnis Indonesia, Vol. 20, No. 1: p.56-64 url: https://jurnal.unissula.ac.id/index.php/PH/article/view, accessed on 18 September 2023, at 5:00 pm
Victoria, Ong Argo. Ade Riusma Ariyana, Devina Arifani. 2020. Code of Ethics and Position of Notary in Indonesia. Sultan Agung Notary Law Review, Vol. 2 No. 4: p.397-407, Doi: 10.30659/sanlar.2.4.397-407, https://lppm-unissula.com/jurnal.unissula.ac.id/index.php/SANLaR/article/view/13536
Books:
Asri Wijayanti, 2015 “Post-Reformation Labor Law" Jakarta, Sinar Grafika, p. 36.
R. Subekti, 1987, "The Law of Agreements", Jakarta, Intermasa, p.1
Van Apeldoorn, 1990, Introduction to Law, Twenty-fourth Printing, Jakarta, Pradnya Paramita, pp.24-25
Internet:
Ferry Sandi, October 5, 2020, "7 Reasons Workers Reject the Omnibus Law: There is No Severance Payment" is available on https://www.cnbcindonesia.com/news/20201005131005-4 191944/7-alasan-buruh-tolak-omnibus-law-benar-phk-tak-ada-pesangon website. Retrieved May 6, 2023.
Regulation:
Government Regulation Number 35 of 2021 concerning PKWT, Outsourcing, Working Time, Rest Time and Termination of Employment
Law Number 13 of 2003 concerning Manpower
Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law
Unduhan
Diterbitkan
Terbitan
Bagian
Lisensi
Authors who publish with this journal agree to the following terms:
- The journal holds the copyright for each article published with work licensed simultaneously under a Creative Commons Attribution 4.0 International License, which allows others to share the work with an acknowledgment of the authorship and early publication of the work in this journal.
- Authors must agree to the copyright transfer agreement by checking the Copyright Notice column at the initial stage when submitting the article.
- The copyright of this document is owned by Journal Master of Law UNISSULA and is protected by law
