ANALISIS KLAUSULA PELARANGAN NIKAH SESAMA PEKERJA PADA SATU PERUSAHAAN DALAM PKWT DITINJAU DARI PERSPEKTIF HUKUM KETENAGAKERJAAN (STUDI KASUS PT MASA)

Abstract

This research discussed the clause prohibiting marriage between employees within the same company as stipulated in a Fixed-Term Employment Agreement (PKWT). The issues examined include the conformity of the clause with applicable laws and regulations, as well as the legal remedies available to employees who are disadvantaged by its enforcement. This study employs a normative juridical method with a statutory and conceptual approach. This findings indicate that the marriage prohibition clause contradicts the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, Constitutional Court Decision Number 13/PUU-XV/2017, and is further reinforced by the Job Creation Law, rendering the clause legally non binding. The legal remedies that may be pursued by affected employees include non-litigation industrial relations dispute resolution through bipartite negotiation, mediation, and if these fail, a lawsuit filed with the Industrial Relations Court.

Kata kunci: Marriage Clause, Fixed-Term Employment Agreement (PKWT), Worker’s Rights, Rights Dispute, Dispute Resolution.