Reflecting on Van Omstandigheden's Misbruic Problems in Certain Time Employment Agreements Post The Entry of The Employment Creation Law

Abstract

Manpower has a strategic function in the progress of the business world, this is because the workforce is the motor in ensuring the continuity of the business world and national development. The sum of the compensation arrangements and the expiry of the work agreement for a certain time shows that the protection of labor rights is not yet comparable to the needs of the business world for workers. This paper aims to analyze and describe the weaknesses in setting work agreements for a specified time in the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation (Job Creation Law) which resulted in Misbruik van Omstandigheden in work agreements for a certain time after the enactment of the Law. Job Creation. This writing uses a post-positivism paradigm with empirical research types. Based on the studies conducted in this paper, it is known that the existence of Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation and Government Regulation of the Republic of Indonesia Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time and Break Time, and Termination of Relations Work, in fact, has not been able to guarantee freelancers from misbruik van omstandigheden carried out by employers. This fact shows that there is a need for reformulation related to the implementation of supervision and protection for workers for a certain time in real terms, accompanied by strict sanctions against employers in a certain time agreement who misbehave van omstandigheden.