Media Hukum Indonesia (MHI)
Vol 4, No 1 (2026): March

Tinjauan Hukum Perdata terhadap Perjanjian Kerja: Hak dan Kewajiban Pekerja serta Pengusaha

Marten, Andre (Unknown)
Nonga, Alvaro Anatollius Vivaldy (Unknown)



Article Info

Publish Date
04 Dec 2025

Abstract

This study examines the position of employment agreements within the civil law system and their relationship to labor law, focusing on the rights and obligations between workers and employers. Using normative legal research methods, this study analyzes relevant laws and legal doctrines. The results indicate that employment agreements, although based on the principle of freedom of contract (Article 1338 of the Civil Code), have a special character due to their subordinate nature, placing workers under the orders of employers. Therefore, freedom of contract in employment relationships is limited by labor law provisions to protect workers who have a weak bargaining position. Employment relationships give rise to reciprocal rights and obligations that must be implemented fairly, proportionally, and in good faith. Thus, employment agreements are not only legally binding but also serve as a means of realizing social justice and worker welfare.

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Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...