ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 168/PUU-XXI/2023 TENTANG PERUBAHAN KETENTUAN JANGKA WAKTU PERJANJIAN KERJA WAKTU TERTENTU DITINJAU DARI PRINSIP KEADILAN

The duration of Fixed-Term Employment Agreements has changed in the Job Creation Law with the elimination of the maximum time limit previously stipulated in Law Number 13 of 2003 concerning Manpower. This change creates legal uncertainty for workers because there is no clear limit on the duration of PKWT. The Constitutional Court then issued decision No. 168/PUU-XXI/2023 which reviewed this provision. This study discusses first, about the legal reasoning of the Constitutional Court judge's decision No. 168/PUU-XXI/2023 regarding changes in the term of a fixed-term employment agreement. Second, about the decision of the Constitutional Court judge No. 168/PUU-XXI/2023 concerning changes in the provisions of the term of a specific time work agreement is reviewed from the principle of justice. The method used is juridical-normative with a statutory and conceptual approach. This research uses primary, secondary, and tertiary legal materials. Using library law collection techniques and analyzed descriptively to understand the legal implications of the decision. The results of the research show that the Constitutional Court considers the delegation of the regulation of the Fixed-Term Employment Agreements period from the law to Government Regulations with a maximum limit of 5 years, including extensions, to be formally valid. However, this delegation has the potential to reduce worker protection because the Government Regulations was made without involving worker representatives and lacks transparency. This provision favors employers and contradicts John Rawls' theory of justice, particularly the Difference Principle, which emphasizes protection for vulnerable groups. This research recommends that the regulation of non-permanent contracts be included in the law, not just in the Government Regulations, to ensure legal certainty, justice, and protection for workers. Supervision of the implementation of this regulation also needs to be strengthened in order to comply with the principles of justice and transparency.