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KEPASTIAN HUKUM DALAM IMPLEMENTASI PERJANJIAN KERJA WAKTU TIDAK TERTENTU DI YAYASAN GOT BAG INDONESIA
Indonesia's population has experienced a significant surge. This increase is accompanied by a large number of productive-age citizens who are employed, thereby establishing an employment relationship between workers and employers. These employment relationships are established through employment agreements, the implementation of which must comply with the provisions of the Civil Code regarding the validity of agreements and Law No. 13 of 2003 on Manpower. If these legal provisions are not implemented, the employment agreement may result in legal consequences in the form of nullity. A clause that implies nullity was found in the indefinite employment agreement at the Got Bag Indonesia Foundation, which contained a clause regarding additional working hours without overtime pay, thus contradicting the provisions of Law Number 13 of 2003 concerning Manpower. This study uses empirical legal research with a sociological juridical model, which focuses on the study of law in action through the collection of primary data directly from the field, particularly related to the implementation of employment agreements at the Got Bag Indonesia Foundation. The nature of the research is descriptive with a qualitative approach. The theoretical framework used includes Gustav Radbruch's theory of legal certainty to analyze the guarantees of protection and legal clarity for the parties, as well as contract theory supported by the principles of contract law such as consensuality, binding force of contracts, freedom of contract, balance, and propriety. In addition, the concept of standard contracts is used as an analytical tool to examine the characteristics of unilaterally drafted employment agreements and their implications for the position and legal protection of the parties. The results of the study show that the implementation of indefinite employment agreements at the Got Bag Indonesia Foundation has, in principle, complied with most of the provisions of the law on agreements and labor regulations, particularly with regard to the fulfillment of subjective requirements and the non-fulfillment of some objective requirements, thereby rendering them null and void as stipulated in Article 1320 of the Civil Code. However, there is a clause that conflicts with the provisions of the law, namely the clause regarding the non-payment of overtime wages, which violates Article 78 paragraph (2) of the Manpower Act. The legal consequence of this violation is that the overtime pay clause is null and void and has no binding force, without prejudice to the validity of other clauses in the employment agreement. This finding confirms that even though labor law is lex specialis, the basic principles of contracts in the Civil Code still function as the main legal basis for assessing the validity and legal certainty of an employment agreement.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KEPASTIAN HUKUM DALAM IMPLEMENTASI PERJANJIAN KERJA WAKTU TIDAK TERTENTU DI YAYASAN GOT BAG INDONESIA (Text)
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