Juridical Analysis Of The Validity Of Probation Clauses In Fixed-Term Employment Agreements (Pkwt) In The Shipping Sector And Their Implications For The Protection Of Workers’ Rights Study Of Decision No. 108/Pdt.Susphi/2023/Pn Medan

Abstract

This study examines the validity of probationary clauses in Fixed-Term Employment Agreements (PKWT) within the maritime shipping sector based on Decision No. 108/Pdt.Sus-PHI/2023/PN Medan. The findings indicate that probationary clauses in PKWT violate Article 58 of the Indonesian Labor Law and are therefore invalid. Maritime law does not specifically regulate probationary periods, making labor law applicable. Judicial considerations differ, with the Medan District Court emphasizing freedom of contract, while Decision No. 289 K/Pdt.Sus-PHI/2024 affirms the prohibition of probationary periods in PKWT as a mandatory legal provision.