This Author published in this journals
All Journal LAWYER: Jurnal Hukum
Caesar Daffa Nugraha
Universitas Mpu Tantular

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

KEPASTIAN HUKUM PERJANJIAN KERJA TENAGA KESEHATAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 130/PUU-XXI/2023 Caesar Daffa Nugraha; Appe Hutauruk; Hotman Sinambela; Sendi Sanjaya
LAWYER: Jurnal Hukum Vol. 4 No. 2 (2026): LAWYER: Jurnal Hukum, September 2026
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v4i2.1914

Abstract

This study aims to analyze the legal certainty of employment agreements for health workers following Constitutional Court Decision Number 130/PUU-XXI/2023. The research employs a normative-juridical method utilizing statutory and conceptual approaches. Primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law Number 17 of 2023 concerning Health, labor regulations, and Constitutional Court Decision Number 130/PUU-XXI/2023, while secondary legal materials were obtained from literature and legal doctrine. The findings indicate that Constitutional Court Decision Number 130/PUU-XXI/2023 did not establish new norms regarding the status of health workers but rather affirmed the constitutional validity of Law Number 17 of 2023 concerning Health. Consequently, legal certainty regarding health worker employment agreements continues to be determined through the harmonization of health law, labor law, and contract law. Determining the status of the legal relationship must be based on the substance of the work relationship—specifically the elements of work, wages, and orders—rather than merely the contract's nomenclature. The use of partnership agreements for relationships that are substantively employment relationships creates potential uncertainty and diminishes the protection of health workers' normative rights. Therefore, minimum standards for employment agreements are required to ensure clarity regarding status, rights and obligations, remuneration, social security, professional protection, and dispute resolution.