Legal Standing : Jurnal Ilmu Hukum
Vol 9, No 4 (2025): Legal Standing

Konsep Pengaturan Perjanjian Kerja Waktu Tertentu (PKWT) Berdasarkan Prinsip Keadilan Proporsional

Triasmono, Hari (Unknown)
Warka, Made (Unknown)
Setyaji, Sri (Unknown)
Hufron, Hufron (Unknown)



Article Info

Publish Date
28 May 2025

Abstract

This study aims to analyze the regulation of Fixed-Term Employment Agreements (PKWT) based on the principle of proportional justice in the Indonesian labor law system. This principle emphasizes the importance of a balance between the rights of employers to business flexibility and the rights of workers to protection and job security. This study uses a normative legal method with a statutory, conceptual, philosophical, historical approach, as well as a case and comparative approach. The primary legal materials analyzed include the Employment Law, the Job Creation Law, and the Constitutional Court Decision Number 168/PUU-XXI/2023. The results of the study show that changes to the regulation of PKWT through the Job Creation Law, especially the elimination of the maximum duration limit for extension, have created legal uncertainty for workers and opened up opportunities for abuse by employers. PKWT that is not strictly limited has the potential to harm workers, especially in terms of compensation and social security rights. Current regulations tend to favor employer flexibility, so there needs to be a rearrangement that prioritizes the principle of proportional justice. This justice must be reflected in the limitation of the use of PKWT for work that is truly temporary, the provision of adequate compensation, and strict supervision by the state. Theoretically, this finding confirms that employment law must be based on social justice that places humans at the center of policy, not merely objects of the labor market.

Copyrights © 2025






Journal Info

Abbrev

LS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Legal Standing : Jurnal Ilmu Hukum adalah jurnal ilmiah berkala yang diterbitkan oleh Fakultas Hukum Universitas Muhammadiyah Ponorogo dua kali setahun pada bulan Maret dan Desember. Redaksi Legal Standing : Jurnal Ilmu Hukum menerima naskah artikel laporan hasil penelitian empirik dan naskah hasil ...