Journal Philosophy of Law
Vol 6, No 2 (2025): Journal of Philosophy of Law

LEGAL PROTECTION FOR FIXED-TERM CONTRACT WORKERS FOLLOWING THE ENACTMENT OF THE JOB CREATION LAW

Farid Gemilang (Universitas 17 Agustus 1945 Semarang)
Kunarto Kunarto (Universitas 17 Agustus 1945 Semarang)
Kastubi Kastubi (Universitas 17 Agustus 1945 Semarang)



Article Info

Publish Date
23 Sep 2026

Abstract

Abstract The fixed-term employment agreement (Perjanjian Kerja Waktu Tertentu, PKWT) is one of the most common forms of employment relationship in Indonesia, particularly since the enactment of Law No. 11 of 2020 on Job Creation and Government Regulation No. 35 of 2021. This regulatory shift affords employers greater flexibility, yet simultaneously raises considerable challenges for maintaining adequate protection of fixed-term workers. This article examines the implementation of the fixed-term employment agreement following the Job Creation Law, focusing on contract duration, entitlement to compensation, access to social security, and the legal consequences of non-compliance. The study employs a normative legal method combining the statute approach, the conceptual approach, and the historical approach, drawing on primary, secondary, and tertiary legal materials analysed qualitatively. The findings show that although the government has introduced protective instruments such as end-of-contract compensation and the Job Loss Insurance programme, significant protection gaps persist, alongside employment-status uncertainty and weak field-level labour supervision. The role of the Manpower Office in supervising and resolving industrial disputes requires strengthening, together with regulatory refinement, so that fixed-term workers are better protected and more fairly treated. The article concludes that legal certainty for fixed-term workers cannot be achieved through compensation mechanisms alone, but requires a coherent supervisory architecture capable of closing the persistent gap between normative guarantee and workplace practice.

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Journal Info

Abbrev

phil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental ...