ANALISIS KLAUSULA PENGATURAN WAKTU KERJA BAGI AHLI GIZI DALAM PERJANJIAN KERJA WAKTU TERTENTU (PKWT) DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN TERKAIT KETENAGAKERJAAN (STUDI PKWT NOMOR: 1168/B/JM/PKWT/IX/2025)

Abstract

This research analyzes whether the work-time clause in Fixed-Term Employment Agreement (PKWT) Number 1168/B/JM/PKWT/IX/2025 at JM Clinic complies with labor law and examines the legal consequences if it does not. The clause in Article 2 paragraph (4), which states that working hours are “flexible according to deadlines,” creates legal uncertainty and may violate the rights of nutrition experts. Using normative legal research with statute and conceptual approaches, the study examines primary legal sources, including Law Number 6 of 2023 on Job Creation and Government Regulation Number 35 of 2021. The findings show that the clause is inconsistent with Article 77 paragraph (2) of Law Number 6 of 2023 and Article 21 paragraph (2) of Government Regulation Number 35 of 2021, which set the maximum normal working time at 40 hours per week. The health-sector exception does not apply to nutritionists because their duties are primarily educational and administrative, not continuous emergency services like those performed by doctors or nurses. As a result, the clause is null and void because it violates the objective requirement of a lawful cause. Moreover, the defective material requirement in the PKWT causes the employment relationship between JM Clinic and the worker to legally shift into a Permanent Employment Agreement (PKWTT).