Workers Protection with a Fixed-Term Employment Contract System based on the Employment Statutory Regulations

This research aims to identify and understand the position of legal protection for workers with a system of fixed-term employment contracts in the aspects of work relations, protection, and wages based on Employment laws and regulations. This research uses an empirical normative research method which combines the normative legal approach with empirical research. The results of this study indicate that there are still many companies in Makassar City that do not implement statutory regulations, especially regarding workers 'rights, for example, workers' status based on fixed time or a Non-Specified term employment contract and wages that are not in accordance with the city's minimum standard. As for the conditions of the workers, based on the analysis result from the prescriptive aspect, there were 95 or 47.50% of 200 workers starting a cooperative relationship without making a written agreement. Furthermore, there are as many as 55 or 27.50% of 200 workers assess that in their work activities, they do not get rights, there are also as many as 110 or 55.00% of 200 workers do not know what the form of worker rights is. Furthermore, there were as many as 140 or 70.00% of the 200 workers who received compensation that did not match the minimum wage in 3 (three) companies in Makassar City. These problems can be resolved appropriately if Law no. 13 of 2003 is properly implemented by Labor Inspectors and Specialist Labor Inspectors as the person in charge based on Minister of Manpower Regulation (Permenaker) No. 33 of 2016.


INTRODUCTION
Legal protection for workers is a manifestation and effort to advance public welfare as stated in the preamble to the 1945 Constitution of the Republic of Indonesia. This is because workers have a very important and significant role in national economic activities, namely increasing productivity to encourage the development and economy of a country.
As for the world of economy, the government must ensure the readiness of workers before carrying out work activities so that they become workers, both individually and in groups,

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in government and private agencies, and within the scope of production of goods and or services. Economic activity, especially the company as the employer, is closely related to the manpower, which in this case will become workers, where both parties establish a relationship through an employment contract. The contract will be considered correct if it refers to the statutory regulations. Furthermore, laws and regulations exist to provide legal protection for the contract makers so that a harmonious relationship is built between the two parties. The legal protection: 1 "Protecting dignity, as well as recognition of human rights owned by legal subjects based on legal provisions from arbitrariness or protecting one thing from other things." With regard to employment, the above explanation provides meaning for the protection of rights, especially for workers. This emphasis is also based on the fact that every year, workers always commemorate the national labor day. In every oration, the orators demand their welfare as the core message. Such demands can not be separated from the implementation of the work system, in this case, the outsourcing system applied by the company to its workers. Outsourcing in Oxford Learner's Dictionaries is: 2 "The process of arranging for somebody outside a company to do work" The outsourcing according to Maurice F. Greaver is : 3 "The act of transferring some of the company's activities and the right to take (1) A employment contract is made for a specified or unspecified time.
(2) A employment contract for a specified period as referred to in paragraph (1) based on: a. period of time; or b. completion of a certain job.
Furthermore, Article 64 of Law no. 13 of 2003 stipulates that : "The company may submit a portion of the implementation of the work to another company through a contract for chartering the work or the provision of worker/labor services made in writing." From the provisions above, it can be understood that there is the same meaning between a Fixed-term Employment Contract (PKWT) and outsourcing where the company submits the recruitment process to the status of the worker to another party/worker service provider so that the status of the worker is only a contract employee. The data above can be used as a reference to assess that the number of workers in the labor force is very large. This data also shows that there are so many work relationships between companies and workers, especially in South Sulawesi. From this condition, Law no. 13 of 2003 regulates in detail the differences between the PKWT system and the nonspecified term employment contract (PKWT) system, so that not all workers build employment relationships with companies using the PKWT system.

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If a company uses the PKWT system for all its workers, it also ignores workers' rights, wages, and welfare, then the company is in violation of the law, and workers are obliged to get legal protection from the government. As for responding to situations and conditions such as the above incident, in addition to the instruments of Law no. 13 of 2003 which has been described above, it is important to understand some implementing regulations so that protection of workers is not only limited to an echo of welfare for the community but also to be implemented in civic life. The   (2) reject the Petitioner's petition in its entirety.

Source: Constitutional Court Website 2020
From table 1 above, it is important to be aware of the changes mentioned above because they will have an impact on legal protection for workers, especially with the PKWT system.

A. Legal Protection for PKWT Workers related to Employment Relations based on Law no. 13 of 2003
The certainty of the status of the employment relationship in a company has a big effect on workers. This is because every human being needs clarity on the fulfillment of life, especially for his family. On the other hand, with the work relationship status, workers can plan a better life in the future. Therefore, based on Article 56 Law no. 13 of 2003 explicitly regulates that: (1) An employment contract is made for a specified or unspecified time.
(2) An employment contract for a specified period as referred to in clause (1) based on: a. period of time; or b. completion of a certain job.
Furthermore, based on Article 57 Law no. 13 of 2003 stipulates that: (1) An employment contract for a specified period of time is made in writing and must use Indonesian and Latin letters.
(2) An unwritten employment contract for a specified period of time is contradictory provided that the provisions referred to in clause (1)  b. work which is estimated to be completed in a time that is not too long and no longer than 3 (three) years; c. work that is seasonal in nature; or d. work related to new products, new activities, or additional products that are still in trial or investigation.
The provisions of the article above explain that apart from the type and nature or activities of the work that will be completed within a certain time, then the employment relationship between the company and the workers using the PKWT system is not justified.
As  However, the status of the 95 workers is still in a cooperative relationship with the PKWT system.

B. Legal Protection for PKWT Workers related to Protection of Worker Rights based on Law no. 13 of 2003
Based on Article 27 clause (2) of the 1945 Constitution of the Republic of Indonesia (hereinafter referred to as the 1945 NRI Constitution) regulates that : "Every citizen of the country has the right to work and a living that is decent for humanity." Furthermore, based on Article 28D clause (1) of the 1945 NRI Constitution stipulates that: (1) Everyone has the right to recognition, guarantee, protection, and Just legal certainty and equal treatment before the law.

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(2) Everyone has the right to work and to receive fair and proper compensation and treatment in an employment relationship.
As for the provisions of Part One CHAPTER X Law no. 13 of 2003 regulates the Protection of Worker Rights, among others: 1. People with disabilities; 2. Children; 3. Women; 4. Working Time;

Occupational Health and Safety.
From the above provisions, both the state and the company are obliged to provide work protection as the right of workers. As for knowing the implementation of the protection of the work rights of 200 workers with the PKWT system at 3 (three) companies in Makassar City, based on the results of the analysis from the prescriptive aspect, it can be seen in the  Based on table 3 above, there are as many as 55 or 27.50% of 200 workers with the PKWT system assess that in their work activities, they do not get rights, there are also as many as 110 or 55.00% of 200 workers with the PKWT system assess that in their activities their work, they do not know what form of workers' rights as in the provisions of Part One CHAPTER X related to Protection of Law no. 13 of 2003. As for workers who feel they do not get rights while they are aware of this stipulation, it is because they are worried about their status as workers. This condition shows that the three companies have deviated from the provisions of Part One CHAPTER X regarding the Protection of Law no. 13 of 2003.

C. Legal protection for PKWT workers related to wages based on Law no. 13 of 2003
Based on Article 28D clause (2) of the 1945 NRI Constitution stipulates that: "Everyone has the right to work and to receive fair and decent compensation and treatment in an employment relationship." Furthermore, based on Article 88 Law no. 13 of 2003 stipulates that: (1) Every worker/laborer has the right to earn adequate income a decent living for humanity.
Workers Protection with a Fixed-Term (2) In order to realize an income that fulfills a life worthy of humanity as referred to in clause (1), the government shall stipulate a wage policy that protects workers/laborers.
(3) The wage policy that protects workers/laborers as referred to in clause (2)  (4) The government sets the minimum wage as referred to in clause (3)  "Entrepreneurs are prohibited from paying wages lower than the minimum wages as referred to in Article 89." From the above provisions, the company is obliged to provide decent working wages for the workers. As for finding out the implementation of giving work wages of 200 workers with the PKWT system at 3 (three) companies in Makassar City, based on the results of the analysis from the prescriptive aspect, it can be seen in the table below: (1) Testing of work norms as referred to in Article 36 clause (2) letter a is carried out to ensure compliance with work norms requirements.
(2) The examination of work norms as referred to in clause (1) includes working time, rest time, wage system, work leave, female workers/laborers, child workers/laborers, job training, labor placement, social security for workers, welfare, morality, discrimination, work relations, freedom of association, opportunities to carry out worship according to their respective religions and beliefs.
As for those who carry out work norms testing as referred to in the above provisions, (1) Testing of work norms as referred to in Article 37 clause (2), includes: a. special testing; and b. retest.
(2) The examination of work norms as referred to in clause (1) shall be carried out by the Labor Inspector who is a specialist of work norms and/or the Labor Inspector according to his / her position.
(3) The results of work norms testing as referred to in clause (1) are used as a reference in fulfilling Worker / Laborer's rights.

CONCLUSION
The results of this study indicate that there are still companies in Makassar City that do not carry out the statutory regulations, especially regarding workers' rights, for example, the status of workers based on a fixed-term employment contract or a non-fixed term