Analisis Yuridis Perlindungan Hukum Bagi Pekerja Kontrak Dalam Persfektif Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja

Abstract

Labor plays a vital role in national development; therefore, the state is obligated to provide legal protection as mandated by Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. One common form of employment relationship is the Fixed-Term Employment Agreement (PKWT) or contract-based employment. Before the enactment of Law Number 6 of 2023 on Job Creation, PKWT regulations under Law Number 13 of 2003 on Manpower limited the contract period to a maximum of two years and only for specific jobs. However, after the enactment of the Job Creation Law and Government Regulation Number 35 of 2021, the rules became more flexible without a definitive time limit. This study employs a normative juridical method with a statutory, conceptual, and comparative approach, using qualitative descriptive analysis of laws, doctrines, and labor law literature. The findings indicate a paradigm shift from a protective labor system to a more flexible one. Although intended to promote investment and ease of recruitment, this flexibility potentially reduces legal certainty and protection for contract workers. Based on the theories of legal protection (Philipus M. Hadjon), legal certainty (Gustav Radbruch), and distributive justice (John Rawls), labor law should ensure substantive justice for the weaker party. Therefore, stronger legal supervision and enforcement are required to balance flexibility with justice and legal certainty for workers under the Job Creation Law framework.