PENGATURAN LEMBUR KERJA BAGI TENAGA KERJA MENURUT UU NO. 6 TAHUN 2023 TENTANG CIPTA KERJA DITINJAU DARI ASPEK KEADILAN

The regulation of overtime work for employees as stipulated in Law Number 6 of 2023 concerning Job Creation and its legal implications from a justice perspective are the main focus of this research. The assessment is directed at the extent to which the temporal regulations, remuneration system, and overtime procedures in this law provide fair protection for workers, and their consistency with the principles of distributive justice. This study employs a normative juridical method with a philosophical approach, supported by statutory and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed descriptively and qualitatively to identify the legal substance, structure, and culture related to overtime work regulation. The findings indicate that Law Number 6 of 2023 provides greater flexibility to employers in regulating overtime, yet it does not fully guarantee legal certainty and justice for workers. Provisions concerning overtime duration, employee consent, and compensation mechanisms are still considered to leave potential for an imbalance of bargaining power between workers and employers. From the perspective of distributive justice, it is found that the regulation of overtime in the Job Creation Law has not entirely fulfilled the difference principle, as it does not effectively protect the most vulnerable groups of workers. Furthermore, the effectiveness of sanctions for overtime violations still faces structural and operational challenges in practice. Therefore, policy reformulation and the strengthening of oversight mechanisms are necessary to ensure that overtime implementation maintains a balance between business productivity and the protection of fundamental workers’ rights.