PERLINDUNGAN HUKUM BAGI PEKERJA PKWT BERDASARKAN UNDANG-UNDANG CIPTA KERJA DAN POTENSI EKSPLOITASI DALAM HUBUNGAN KERJA

Abstract

The principle of freedom of contract in contract law is limited by the validity requirements under Article 1320 of the Civil Code. In labor law, the Fixed-Term Employment Agreement (PKWT) is regulated under Law No. 13 of 2003 as amended by Law No. 6 of 2023 and implemented through Government Regulation No. 35 of 2021. Although normative provisions regulate job types, duration, and procedures, in practice irregularities still occur due to unequal bargaining positions and weak supervision. This study uses a normative juridical method with statutory and conceptual approaches through library research. The findings show that while PKWT regulation is more flexible, it creates legal gaps that may result in uncertainty and potential worker exploitation. Therefore, stronger supervision and more effective law enforcement are required to ensure fair legal protection for workers.