Legitimasi Penahanan Ijazah Pekerja Dalam Perjanjian Kerja Waktu Tertentu (PKWT)

Abstract

The detention of a worker's certificate in a Fixed-Time Work Agreement often occurs in recruiting a job to prevent workers from resigning and/or getting or looking for other work during the contract period. This indirectly limits workers' rights to choose decent work for themselves. This study aims to examine the arrangements for the detention of workers' original certificates by employers in Indonesia and whether this violates existing legal or social principles. The research method used is a normative juridical method with literature study. The results of this study found that the detention of workers' original certificates, if viewed from existing legal sources, means that the laws and regulations related to employment have no legal basis or it can be said that this is an illegal act. The agreement regarding the retention of workers' original certificates as stated in the agreement is part of the principle of freedom of contract. However, in fact, workers who are in a weak position and cannot do bargaining make them forced to agree. This indicates a defect in this consensual element that could result in the risk of this agreement being canceled (avoidable).