ANALISIS YURIDIS PERJANJIAN KERJA ANTARA ANAK BUAH KAPAL DAN PT. XX (Ditinjau dari Peraturan Pemerintah Nomor 35 Tahun 2021 tentang Perjanjian Kerja Waktu Tertentu, Alih daya, Waktu Kerja dan Waktu istirahat, dan Pemutusan Hubungan Kerja)

Indonesia as a maritime country has a strategic shipping sector, the existence of crew members (ABK) is an important element in sea transportation activities. The employment relationship between the crew and the shipping company is outlined in the employment agreement. This study raises the problem of the incompatibility of working time provisions between the Crew and PT. XX with Government Regulation Number 35 of 2021 and the legal impact of potentially null and void employment agreements. The purpose of the research is to analyze the arrangement of working hours in the employment agreement and to examine the legal consequences arising from the inconsistency of the employment agreement with the applicable regulations. The research method used is normative juridical research with a legislative approach, using primary, secondary, and tertiary legal materials. The results of the study show that the work agreement between ABK and PT. XX sets a working time of 44 hours per week, which exceeds the maximum limit of 40 hours in Government Regulation Number 35 of 2021, and does not expressly separate working time and overtime time. These nonconformities have the potential to cause legal consequences in the form of nullity and the company is obliged to provide overtime compensation. The conclusion of this study confirms that the work agreement of PT. XX has not fully complied with the provisions of Government Regulation Number 35 of 2021, so adjustments need to be made to ensure legal protection and certainty for the parties.