TINJAUAN MENGENAI KEADILAN DALAM NORMA DAN PRAKTIK PERPANJANGAN PERJANJIAN KERJA WAKTU TERTENTU PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 6 TAHUN 2023 (STUDI KASUS PT X)

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Helmy Rizky
Ari Hernawan

Abstract

This research aims to examine and analyze the fulfillment of justice for employees concerning changes in the provisions regarding the time limit for implementing a fixed-term employment contract in Law Number 6 of 2023. Another objective is to examine and analyze the legal consequences of employment contracts and the status of employees if a fixed-term employment contract exceeds the prescribed time tolerance limit. This research is a normative legal study, conducted by examining primary, secondary, and tertiary legal sources to collect secondary data. This research was supported by various experts, including government officials, judges, and academics, through an interview process following a systematically prepared guideline. The research data was analyzed qualitatively and presented descriptively. This research concludes, firstly, that while Law Number 6 of 2023 jo. Government Regulation Number 35 of 2021 has substantially provided legal certainty for the sake of justice, but its implementation still falls short of fully realizing justice, especially for contract employees. Secondly, the extension of fixed-term employment contract between PT X and Y is contrary to positive law, thus, by law, the contract should transition to an indefinite employment contract. This change in the contract also affected Y's status as an employee.

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Research Article