Jurnal Hukum Bisnis
Vol. 15 No. 02 (2026): Artikel Riset Edisi Maret 2026

Analisis Yuridis Wanprestasi dalam Perjanjian Kerja serta Perlindungan Hukum bagi Para Pihak: Legal Analysis of Default in Employment Agreements and Legal Protection for the Parties

Devia Octi Pertiwi (Universitas Pamulang)
Cici Marliani (Universitas Pamulang)
Deva Nur Fateha (Universitas Pamulang)



Article Info

Publish Date
15 Mar 2026

Abstract

An employment agreement is the primary foundation of an employment relationship, binding workers and employers to fulfill their rights and obligations. However, in practice, breaches of contract or broken promises often occur on both the part of workers and employers. This study aims to analyze the forms of breaches of contract in employment agreements, their legal consequences, and the legal protections available to the injured parties. The research method used is normative juridical, employing statutory, conceptual, and case approaches. Primary legal materials include the Civil Code, Law Number 13 of 2003 concerning Manpower, and Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. The results of the study indicate that breaches of contract by employers are easier to prove and can be subject to administrative and criminal sanctions.In contrast, breaches by workers require a higher standard of proof and rarely result in termination of employment. Preventive legal protection through the standardization of employment agreements and repressive protection through industrial relations dispute-resolution mechanisms have been comprehensively regulated. However, their implementation still faces obstacles, including lengthy settlement processes and disparities in judicial decisions. Legal gaps were also identified in the protection of digital platform workers who lack written employment agreements. This study recommends issuing implementing regulations to categorize the severity of labor violations and revising the law to accommodate non-standard workers in the digital economy era.

Copyrights © 2026






Journal Info

Abbrev

jhb

Publisher

Subject

Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Hukum Bisnis, an open-access journal, is blind peer-reviewed and published January, March, May and July every year. The journal accepts contributions in English/Indonesia (Preferably in English). Jurnal Hukum Bisnis is providing scholars the best in theory, research, and methodology as well ...