JOB CREATION LAW 2023: CAN FIXED-TERM EMPLOYMENT ENSURE LEGAL CERTAINTY AND SUBSTANTIVE JUSTICE?

This study is a conceptual development on the legal certainty of the implementation of Fixed-Term Employment Agreement (PKWT), following the enactment of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. This paper not only examined legal certainty normatively, but also the dimension of substantive justice in industrial relations between employees and employers. This research applied a normative juridical method with legislative, conceptual, and comparative approaches. The results indicate that the expansion of flexibility in PKWT regulations after the Job Creation Law has the potential to create long-term employment status uncertainty for employees, even if balanced by new protection instruments in the form of end-of-contract compensation and electronic registration obligations. Therefore, policy reconstruction is needed through strengthening derivative regulations, increasing labor supervision, and affirming the principle of substantive justice so that the goals of economic development and the investment climate do not compromise the protection of basic employees' rights.