Dimitria Pawestri Kusumadewi, . (2025) ASAS - ASAS HUKUM DALAM PERJANJIAN KERJA WAKTU TERTENTU (Studi Perjanjian Kerja Pola Kemitraan PT ABC Pasca Putusan Manajemen). Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
The Indonesian Constitution, particularly the 1945 Constitution (UUD 1945), guarantees every citizen’s right to work and to have a decent livelihood. In line with this, the government regulates labor through Law Number 13 of 2003 jo Law Number 6 of 2023, which emphasizes the protection of workers from discrimination and injustice in employment relationships. However, in practice, there has been a shift in the concept of employment relationships in Indonesia, especially in the warehousing sector, as experienced by PT ABC. This company implements a partnership model that is legally categorized as a civil relationship based on Articles 1320 jo 1338 of the Civil Code. By changing the terminology from "wages" to "service fees" and "working hours" to "service hours," PT ABC reconstructs the employment relationship into a partnership, which results in the reduction of workers' normative rights, including social security, minimum wages, allowances, and other labor protections. The transformation of the employment relationship into a partnership raises legal issues, particularly in determining whether the relationship still meets the criteria of an employment relationship as regulated by the Labor Law. The abuse of the partnership concept has the potential to avoid labor obligations. This research analyzes the principles of employment agreements in partnership models and their impact on the protection of warehouse workers at PT ABC. The research method used in this study is the normative juridicial method by examining legislation and the case at PT ABC. The findings show thate the implementation of a partnership model that does not comply with labor laws can lead to labor exploitation and human rights violations. Therefore, stricter policies are needed to ensure that employment relationships are not disguised as partnerships to avoid legal obligations toward workers.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil : 2310622059] [Pembimbing 1 : Iwan Erar Joesoef] [Pembimbing 2 : Diani Sadia Wati] [Penguji 1 : Handoyo Prasetyo] [Penguji 2 : Muthia Sakti] |
| Uncontrolled Keywords: | Employment relationship, partnership, labor law |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | DIMITRIA PAWESTRI KUSUMADEWI |
| Date Deposited: | 21 Aug 2025 08:57 |
| Last Modified: | 22 Aug 2025 01:14 |
| URI: | http://repository.upnvj.ac.id/id/eprint/39510 |
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