Pacta Sunt Servanda as Legal Certainty in a Fixed-Term Employment Agreement

DOI

10.2991/978-2-38476-315-3_17How to use a DOI?

Keywords

Pacta Sunt Servanda; Legal Certainty; Fixed Term Employment Agreement

Abstract

Civilisation brings with it the complexity of interests within society. The interests of individuals in a society require clear limitations in the form of legal certainty to create order in their collective life. A Fixed-Term Employment Agreement (PKWT) is a form of specific law (autonomous law) that serves as the basis for contractual obligations between workers and employers in an industrial society (workers, employers, government). In its written form, a PKWT does not automatically give rise to pacta sunt servanda as legal certainty. Article 1338 paragraph (1) of the Indonesian Civil Code stipulates that an agreement can be binding as law for the parties if it is made legally. This paper uses a normative juridical method by analysing legal principles in the application of laws related to the legal issues discussed herein. This paper examines how a PKWT can establish pacta sunt servanda as legal certainty for the workers and employers who create it. It begins with the relationship between contractual obligations and legal certainty, and agreements as one of the sources of obligations that are binding as law for those who make them (pacta sunt servanda). It then continues with pacta sunt servanda in a fixed-term employment agreement, detailing how the validity of such an agreement is achieved, and concludes that pacta sunt servanda as legal certainty in a fixed-term employment agreement can only be established when the freedom of contract of the parties remains subject to all relevant regulations and does not deviate from the principles of contract law.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Edwin Febri Ardhie
AU  - Pujiyono Suwadi
PY  - 2024
DA  - 2024/12/24
TI  - Pacta Sunt Servanda as Legal Certainty in a Fixed-Term Employment Agreement
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 112
EP  - 121
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_17
DO  - 10.2991/978-2-38476-315-3_17
ID  - Ardhie2024
ER  -