NORMATIVE STUDY OF COMPENSATION FOR FIXED-TIME WORK AGREEMENTS (PKWT) BASED ON THE JOB CREATION LAW
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Abstract
Background. The dynamics of labor regulation reform need to be analyzed for the benefit of the community in general and workers/laborers in particular.
Aims. Since the implementation of Law No. 11 of 2020 concerning Job Creation and Government Regulation No. 35 of 2021 concerning Fixed-Time Work Agreements, Outsourcing, Working Time, Employment Relations and Rest Time, and Termination of Employment, there have been deletions, updates, and additions to articles related to labor law.
Methods. In this study, normative juridical research is applied, which emphasizes the analysis of legal products such as laws and regulations but still pays attention to the reality in society related to the problem to be discussed.
Result. This study reviews regulatory updates, including an analysis of Fixed-Time Work Agreements (PKWT) rules in the Job Creation Law. The provisions of PKWT have changed, namely, workers/laborers whose contract period has been completed are entitled to compensation money or severance pay.
Conclusion. This is a new thing, so this study aims to analyze in a normative juridical manner the provisions for providing compensation or severance pay, starting from the distribution of the amount to the sanctions for the company if it violates it.
Implementation. Many entrepreneurs still do not implement the law. Sanctions must be applied, namely, administrative sanctions such as written reprimands, restrictions on business activities, temporary suspension of part or all of production equipment, and freezing of business activities.
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Referensi
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Legal Sources :
Constitution of the Republic of Indonesia in 1945.
Law Number 13 of 2003 concerning Manpower.
Law Number 11 of 2020 concerning Job Creation.
Law of the Republic of Indonesia Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law
Government Regulation Number 35 of 2021 concerning Fixed-Time Work Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment.
Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia Number Kep-100/Men/VI/2004 of 2004 concerning Provisions for the Implementation of Fixed-Time Work Agreements.