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Pengaturan Jenis Pekerjaan dan Jangka Waktu Pekerja/Buruh Alih Daya Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2023 Hana Gracia Berliana; Purwono Sungkowo Raharjo; Rosita Candrakirana
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1828

Abstract

The Employment Law defines employment relationships and types of work agreements in Indonesia, including fixed-term work agreements (PKWT) and indefinite-term work agreements (PKWTT). Apart from that, the discussion also includes outsourcing and the impact of the Job Creation Law, which is viewed differently by various parties, with concerns that the law benefits employers more than workers/laborers. This research uses doctrinal/normative research methods. The aim of this research is to determine the regulation of the type of work and term of outsourced workers/laborers after the enactment of Law Number 6 of 2023. Based on the research and discussions carried out, it is concluded that the Job Creation Law is still unable to provide protection and facilitate rights. - maximum outsourcing worker/labor rights. First, regarding the type of work, the enactment of the Job Creation Law officially expands the scope of types of work that can be done by outsourced workers/laborers which were initially only limited to supporting non-core business, but with the enactment of the Job Creation Law, it was expanded to core business work. . Second, currently outsourced workers/laborers can be employed using a Certain Time Work Agreement (PKWT) or an Indefinite Time Work Agreement (PKWTT) system. With the enactment of the Job Creation Law, the maximum term limit for PKWT workers, which was previously set at three years in the Manpower Law, has now been extended to five years.
Perlindungan Hukum Pekerja Perjanjian Kerja Waktu Tertentu Pada PT. Wonokoyo Jaya Corp Mohammad Hatta; Purwono Sungkowo Raharjo; Rosita Candrakirana
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 17 No. 2 (2023): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v17i2.1737

Abstract

Problems regarding the rights of workers/labourers who work in a company are still not fully fulfilled, especially for workers with a certain time work agreement system (PKWT). Therefore, the government issued implementing regulations for the Omnibus Law on the Job Creation Law, namely PP No. 35 of 2021 concerning PKWT, outsourcing, working time, work relations and rest time, and termination of employment (PHK) as an effort to realize the welfare of workers. However, in practice, there are still many companies that have not fully fulfilled their workers' rights. Based on this background, a study was compiled entitled "Legal Protection of Work Agreement Workers for a Certain Time at PT. Wonokoyo Jaya Corp.” the research method used by the author is empirical normative with data collection techniques using structured interviews with the personnel of PT Wonokoyo Jaya Corp. The results of the study show that the implementation of workers' rights has not been fully fulfilled, namely in the provision of compensation money given to PKWT workers after the contract is completed. Therefore, the government should tighten supervision over companies that have not implemented new policies for the sake of realizing worker welfare and workers must also understand the applicable policies so that companies cannot be deceived and companies provide socialisation to the community.