The Problematics of Regulating the Maximum Duration of Fixed-Term Employment Agreements Based on the Completion of Specific Work in Legislation: An Analysis of the Implications of Constitutional Court Decision Number 168/PUU-XXI/2023

The purpose of this study is to discuss the problematic of setting the maximum term limit for a Fixed-Term Employment Agreement (PKWT) based on the completion of a certain job in the legislation, and to allow the implementation of the Constitutional Court (MK) Decision Number 168/PUU-XXI/2023. This Constitutional Court Decision stipulates that the maximum term of PKWT is 5 years, including extensions, which aims to protect workers' rights. This study explores the legal impact of the decision on the implementation of PKWT in Indonesia, including its impact on the provisions of the Job Creation Law and Government Regulation (PP) Number 35 of 2021. The implications of this decision lead to the need to revise provisions that conflict with the Constitutional Court's decision, as well as the need to draft a new law separate from the Job Creation Law to align employment policies with constitutional principles.

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Publication Details

Journal
POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)
Published
2024-12-31
DOI
https://doi.org/10.55047/polri.v4i1.1570
Primary Topic
Legal and Policy Issues
Type
article
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article

The Problematics of Regulating the Maximum Duration of Fixed-Term Employment Agreements Based on the Completion of Specific Work in Legislation: An Analysis of the Implications of Constitutional Court Decision Number 168/PUU-XXI/2023

I Nyoman Bagiastra, I Dewa Gede Julian Mahendra
POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)
Legal and Policy Issues
article

The Problematics of Regulating the Maximum Duration of Fixed-Term Employment Agreements Based on the Completion of Specific Work in Legislation: An Analysis of the Implications of Constitutional Court Decision Number 168/PUU-XXI/2023

I Nyoman Bagiastra, I Dewa Gede Julian Mahendra
article en

Abstract

The purpose of this study is to discuss the problematic of setting the maximum term limit for a Fixed-Term Employment Agreement (PKWT) based on the completion of a certain job in the legislation, and to allow the implementation of the Constitutional Court (MK) Decision Number 168/PUU-XXI/2023. This Constitutional Court Decision stipulates that the maximum term of PKWT is 5 years, including extensions, which aims to protect workers' rights. This study explores the legal impact of the decision on the implementation of PKWT in Indonesia, including its impact on the provisions of the Job Creation Law and Government Regulation (PP) Number 35 of 2021. The implications of this decision lead to the need to revise provisions that conflict with the Constitutional Court's decision, as well as the need to draft a new law separate from the Job Creation Law to align employment policies with constitutional principles.

POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)Vol. 4(1)
Udayana University (ID)
Openalex Percentile: Top 49%
Legal and Policy Issues
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The Problematics of Regulating the Maximum Duration of Fixed-Term Employment Agreements Based on the Completion of Specific Work in Legislation: An Analysis of the Implications of Constitutional Court Decision Number 168/PUU-XXI/2023 — I Nyoman Bagiastra, I Dewa Gede Julian Mahendra · POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI) (2024) | TGRS Research Map | TGRS