HUBUNGAN KERJA ANTARA PENGUSAHA DENGAN PEKERJA HARIAN LEPAS TERKAIT PERJANJIAN KERJA WAKTU TERTENTU BERDASARKAN JANGKA WAKTU (Studi Putusan Nomor 8/Pdt.Sus/2020/PN.Ptk)

ABSTRACT
Name : Evita Melati Putri
NIM : 201810110311475
Title : Working Relationship between Employers and Daily Casual Workers Regarding Specific Time Work Agreements Based on Time Period
Advisot : 1. Hj. Komariah, SH., M.Si., M.Hum
2. Yohana Puspitasari Wardoyo, M.H
That there is a difference of opinion by one of the Panel of Judges as stated in a Decision is interesting. As the root of the problem that arose in the case that the author raised was the difference of opinion by the Panel of Judges regarding the status of the Plaintiffs, whether the Plaintiffs were casual daily employees or permanent employees. The purpose of this writing is to determine the Judge's Considerations regarding Qualifications as a Casual Daily Worker in Decision No. 8/Pdt.Sus/2020/PN.Ptk in determining a Specific Time Work Agreement (PKWT) based on the Time Period and knowing the Legal Implications for the Plaintiffs with Decision No. 8/Pdt.Sus/2020/PN.Ptk regarding Employment Status as a Casual Daily Worker. The research method used in this research is Juridical-Normative. The research results show that; 1) that the qualification regarding Casual Daily Workers based on time period only refers to the work activity process, namely under 21 working days or more for 3 consecutive months or more. This means that the 3 month element was not taken into consideration by the panel of judges due to the fact that the plaintiff had worked for more than 5 years. 2) The implication is that within the framework of legal protection, economic, technical and social protection cannot be provided to the plaintiffs because there are differences in rights between PKWT casual daily workers and PKWT contract workers and PKWT permanent workers. Author's Suggestions: 1) The Panel of Judges should use various methods of legal interpretation, one of which is systematic interpretation, so that the legal framework for determining the time period becomes the urgency to become a parameter which in the end there is a clear formulation of norms to distinguish the status of PKWT daily workers. Freelancing with PKWT Contract Workers. 2) Plaintiffs should be able to take non-litigation legal action. One effort is mediation carried out by the Plaintiffs with the Defendant to discuss the rights that can be granted to the Plaintiffs.