Tinjauan Terhadap Masa Kerja Dalam Perjanjian Kerja Waktu Tertentu Pasca Putusan Mahkamah Konstitusi No. 168/PUU-XXI/2023

Abstract

The development of the industrial sector in Indonesia contributes significantly to the national economy. However, the dynamics of industrial relations between workers and employers still face various challenges, particularly in the implementation of Fixed-Term Employment Agreements (PKWT). Before the enactment of the Job Creation Law, the provisions regarding PKWT were clearly regulated through Law No. 13 of 2003 on Manpower to protect workers' rights and prevent exploitation. However, changes introduced by the Job Creation Law provide flexibility that allows the extension of Fixed-Term Employment Agreements (PKWT) without time limits and without specific extension periods, potentially disadvantaging workers. Following the enactment of the Job Creation Law, many workers protested and filed petitions with the Constitutional Court. On October 31, 2023, the Constitutional Court issued Decision No. 168/PUU-XXI/2023 to improve the policies of the Job Creation Law deemed detrimental to workers. This study aims to analyze the provisions regarding the time limits for extending Fixed-Term Employment Agreements (PKWT) and their implications for workers' rights. Through this research, the author hopes to contribute both theoretically and practically to the development of fair and sustainable industrial relations in Indonesia