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Artika Sophia Maharani
Universitas 17 Agustus 1945 Surabaya, Indonesia
Law, Crime, Criminology & Criminal Justice

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Labor Flexibility versus Employment Justice: Reassessing Fixed-Term Employment Contracts under Indonesia's Job Creation Law Artika Sophia Maharani; Wiwik Afifah
Mimbar Keadilan Vol. 19 No. 2 (2026): Agustus 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i2.133554

Abstract

An employment relationship arises from an employment agreement between the worker and the employer, which gives rise to rights and obligations for both parties. However, in practice, workers with fixed-term contracts often experience legal uncertainty regarding the clarity of their status and the continuity of their employment relationship. The purpose of this research is to examine the legal certainty of the status of workers with fixed-term contracts in the Indonesian employment system. The research method used is normative research, using legislative, historical, and conceptual approaches. The results indicate that the PKWT regulations in the Job Creation Law provide greater flexibility for employers, but do not provide clear legal certainty regarding the change in status of workers with fixed-term contracts to fixed-term contracts. The absence of comprehensive regulations regarding the mechanism for this change in status creates the potential for prolonged abuse of contractual employment relationships and results in weak protection of workers' rights. Therefore, clearer and more stringent regulations is needed to ensure legal certainty, protection of workers' rights, and the creation of balance in employment relationships.
Co-Authors Wiwik Afifah