Legal Protection and Civil Dispute Resolution Efforts Related to Occupational Safety and Health Violations after Law Number 6 of 2023 on Job Creation

Abstract

Occupational health and safety (OHS) is a fundamental right of workers that attaches to the employment contract and is mandatory in nature. The enactment of Law Number 6 of 2023 on Job Creation, which extends the duration of fixed-term contracts (PKWT) and relaxes outsourcing, has enlarged the population of non-permanent workers vulnerable to OHS violations, while creating uncertainty over the responsible party and the dispute-resolution forum. This study aims to analyse the legal protection and the avenues for resolving private-law disputes arising from OHS violations. It employs normative legal research with statutory and conceptual approaches. The results show that legal protection is realised preventively through the OHS Management System, the establishment of the OHS Committee, labour inspection, and the inclusion of explicit OHS clauses; and repressively through two channels, namely industrial-relations dispute settlement under Law Number 2 of 2004 for claims arising from the employment relationship, and an unlawful-act claim under Article 1365 of the Civil Code before the District Court to reach the user company in outsourcing arrangements. Clarity over forum choice and an affirmation of liability are needed to ensure legal certainty and access to justice for fixed-term and outsourced workers.