Copyright © 2021 Journal Equity of Law and Governance Page 127
Journal Equity of Law and
Governance
Vol. 1, No. 2, October 2021, 127-134
P ISSN: 2775-9512
https://www.ejournal.warmadewa.ac.id/index.php/elg
JURIDICAL REVIEW OF THE LEGAL POSITION OF EMPLOYMENT
RELATIONS WITHOUT A WRITTEN EMPLOYMENT AGREEMENTS
Anak Agung Sagung Ngurah Indradewi,
Ni Luh Ade Krisnatalingsih
Study Program Masters in Science of Law,
Faculty of Law, University Dwijendra
sagungindradewi@gmail.com,
akrisnatalingih@gmail.com
Published: 06/10/2021
Indradewi, A. A. S. N. & Krisnatalingsih, N. L. A. (2021 Juridical Review of the Legal Position of Employment
Relations without a Written Employment Agreements. Journal Equity of Law and Governance, 1(2),
127-134.
ABSTRACT - Work agreements made in oral form do not conflict with the provisions of Law Number
13 of 2003 concerning Employment, i.e. contained in the provisions Article 51 paragraph 1, i.e.
employment agreements are made in writing or verbally. The research aims are to examine the legal
position of the worker in the employment relationship without a written employment agreement and
the legal protection of workers and workers against the fulfillment of workers' rights in employment
without a written employment agreement. The type of research used in this study is normative legal
research. The source of legal material came from primary and secondary legal material source. The
legal position of employment relations without a written employment agreement based on the
perspective of labor law has a strong, legal position as long as it does not conflict with the legal
conditions of the employment agreement, as provided for in Article 52 paragraph (1) of Law Number
13 of 2003 concerning Employment. As a result of the law of employment without a written
employment agreement, if the type of employment agreement is a Specific Time Work Agreement
made in oral form, then the status changes to an Unspecified Time Work Agreement and if the type of
employment agreement is an Unspecified Time Work Agreement then the employer is obliged to
issue a letter of appointment to the worker/labor concerned to become a permanent worker. Verbal
work agreements have not been able to provide full legal protection to workers, potentially harming
workers and workers to the fulfillment of their rights and obligations as workers.
Keyword: Employment, Legal position, Legal protection, Work agreement
I. INTRODUCTION
Employment development as an integral part of national development based on
Pancasila and the Constitution of the Republic of Indonesia in 1945, implemented in the
context of full Indonesian human development and the development of Indonesian society
entirely to increase the harkat, dignity, and labor self-esteem and realizing a prosperous
society, fair, prosperous, and evenly distributed both material and spiritual (Masriani, 2007).
Employment development has many dimensions and linkages. This connection is not only
with the interests of the workforce during, before and after the work period but also the
relationship with the interests of employers, the government and the community. For this
reason, a comprehensive and conclusive arrangement is needed, among others, covering
the development of human resources, increasing the productivity and competitiveness of