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All Journal Focus Journal Law Review
I Gede Donny Mahendra
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Humanities Law, Crime, Criminology & Criminal Justice

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Legal Certainty of Fixed-Term Work Agreements for Tourism Workers I Gede Donny Mahendra; Styawati, Ni Komang Arini; Wiryani, Made
Focus Journal : Law Review Vol 5 No 1 (2025): Focus Journal Law Review Vol. 5 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v5i1.360

Abstract

The objectives to be achieved in this study are to analyze the legal certainty of fixed-term employment agreements (PKWT) for workers in the tourism sector. The method used is normative juridical through literature review. The problems are: 1. How is the legal certainty regarding changes in the status of fixed-term employment agreements for workers who have passed a work period of 5 (five) years, 2. What legal remedies can be taken by workers and labor unions who do not receive their rights. The results of this study indicate that Law No. 6 of 2023 and PP No. 35 of 2021 still do not comprehensively regulate the work period and work status of PKWT workers. The existence of the Constitutional Court Decision Number 168/PUU-XXI/2023, one of the decisions of which emphasizes that the PKWT work period is 5 (five) years, is still unable to provide legal certainty for PKWT workers in terms of work status, if there is a violation of the work period by the company. There needs to be an explicit legal regulation regarding the work status of PKWT if it has passed a work period of 5 (five) years. Some legal efforts that can be done when workers do not get their rights are First, dispute resolution carried out through non-litigation channels where in this mechanism there are four types of settlements, namely bipartite, mediation, conciliation and arbitration. Second, litigation channels where in this mechanism through the industrial relations court.
Co-Authors Styawati, Ni Komang Arini Wiryani, Made