ANALISIS KEPASTIAN HUKUM FRASA “MENGIKUTI” DALAM PENGATURAN WAKTU KERJA DI PKWT PT X

Abstract

An employment contract provides legal certainty regarding the rights and obligations of employers and workers, including provisions on working hours. However, in practice, clauses that allow multiple interpretations remain common, particularly the use of the phrase “following” in regulating working hours under a Fixed-Term Employment Contract. This research examines whether the phrase “following,” as stipulated in Article 2 paragraph (3) of PT X’s Fixed-Term Employment Contract, complies with Indonesian labor laws and regulations and analyzes its legal consequences for legal certainty in employment relationships. This study employs normative legal research using statutory and conceptual approaches, with prescriptive analysis as the analytical method. The findings show that the use of the phrase “following” undermines the primary function of an employment contract by failing to provide legal certainty, as it does not clearly define the working hours that workers are required to perform. This ambiguity may result in workers being required to work beyond the normal working hours prescribed by labor legislation. Consequently, the phrase is inconsistent with labor laws and regulations and fails to satisfy the objective requirements for the validity of an employment contract. As a legal consequence, the Fixed-Term Employment Contract is null and void by operation of law. In accordance with Judgment No. 216/Pdt.Sus-PHI/2025/PN Jkt.Pst and Subekti’s legal opinion, the employment relationship changes into a Permanent Employment Contract. Therefore, employers, workers, and the government must ensure that employment contracts comply with statutory requirements to uphold legal certainty and protect workers’ rights.