PERLINDUNGAN HUKUM BAGI PEKERJA/BURUH DALAM PERJANJIAN KERJA WAKTU TERTENTU DI TINJAU DARI UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Authors

  • Irvan Ahmarudin Fakultas Hukum, Universitas Pamulang
  • Erlanda Novriadi Fakultas Hukum, Universitas Pamulang
  • Yosi Firmansyah Fakultas Hukum, Universitas Pamulang

Abstract

A work agreement is an agreement between a worker/laborer and an entrepreneur or employer which contains the terms of work, rights and obligations of the parties. One form of work agreement is a specified time work agreement (PKWT). The thing that causes problems is that there are many violations in the application of the Specific Time Work Agreement (PKWT) system, the Specific Time Work Agreement (PKWT) that is implemented is not in accordance with or does not even refer to the Specific Time Work Agreement (PKWT) rules regulated in Law No. 13 of 2003 concerning Manpower. This study aims to find out about how the implementation of workers or laborers in the Specific Time Work Agreement (PKWT) since the enactment of Law Number 13 of 2003 concerning Manpower. The research method used is normative method. Legal protection is always related to government power and economic power. In relation to government power, the issue of legal protection for the (governed) people against the (governing) government. With regard to the people, in Article 1 paragraph 3 of Law Number 13 of 2003 concerning employment, a worker or laborer is any person who works and receives wages in other forms. If in the employment agreement the employer terminates the employment relationship (PHK), namely terminating the employment relationship due to a certain matter which results in the end of the rights and obligations of the worker, then it is very important to carry out legal protection for the worker/laborer. Law No. 13 of 2003 concerning Manpower, authorized officials, especially the local Manpower Service, should carry out direct supervision and guidance to the field.

 

Keywords: work agreement, workers, PKWT

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Published

2023-03-23