ANALISIS PUTUSAN HAKIM NOMOR 40/PDT.SUS-PHI/2019/PN.YYK DALAM PERKARA PERJANJIAN KERJA WAKTU TERTENTU YANG TIDAK SESUAI DENGAN PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU

The employment agreement is the beginning of the formation of a working relationship between the entrepreneur and the worker, in which case the substance may not conflict with the law or statutory regulations. Employment agreements are divided into two types, namely Work Agreements for Certain Time (PKWT) and Work Agreements for Indefinite Time (PKWTT) where each type of agreement has its own provisions. Decision Number 40/Pdt.Sus-PHI/2019/PN.Yyk examines the Specific Time Work Agreement (PKWT) that is not in accordance with the provisions of the applicable legislation. The purpose of this paper is to find out the basis for the judge's consideration in making a decision on the status of workers in a certain time work agreement and the legal consequences arising after the issuance of Decision Number 40/Pdt.Sus-PHI/2019/PN.Yyk. The research method used in this thesis is normative juridical and uses a statutory approach and a case approach. The results obtained from the judge's consideration in Decision Number 40/Pdt.Sus-PHI/2019/PN.Yyk are the transition of status from a Certain Time Work Agreement (PKWT) to an Indefinite Work Agreement (PKWTT) and the emergence of a Termination of Employment (PHK). Furthermore, the legal consequences arising from the judge's considerations in Decision Number 40/Pdt.Sus-PHI/2019/PN.Yyk are the emergence of a right to severance pay and compensation for rights resulting from termination of employment with the amount of rupiah that has been determined by the Panel of Judges in accordance with with the provisions of Article 156 paragraph (4) of Law Number 13 of 2003 concerning Manpower