Analisis Yuridis Perubahan Isi Perjanjian Kerja Tanpa Persetujuan Pekerja Ditinjau dari KUHPerdata Juridical Analysis of Changes to Employment Contract Terms without Workers’ Consent from the Perspective of the Civil Code (KUHPerdata)

Abstract

Changes to the terms of employment agreements without workers’ consent raise questions of validity and legal protection, particularly regarding the boundary between substantive amendments to agreements and technical adjustments to work. This study aimed to analyze the validity of such changes under the Kitab Undang-Undang Hukum Perdata (KUHPerdata) and labor legislation, identify their legal consequences, and examine legal protection for workers. This was a normative legal study employing statutory and conceptual approaches. Primary and secondary legal materials, including 15 national journal articles selected for their relevance to the research problem, were collected through a literature review and documentation, then analyzed using a descriptive analytical approach with systematic legal interpretation. The findings showed that substantive amendments to employment agreements require, in principle, the consent of both parties, as stipulated in Articles 1320 and 1338 of the KUHPerdata and Article 55 of Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan. Unilateral amendments do not automatically invalidate the original agreement, but they cannot supersede the existing agreement and may give rise to legal liability if they result in a failure to fulfill workers’ rights. This study concludes that valid consent, legal certainty, and a balance in the parties’ positions are important foundations for determining the validity of amendments to employment agreements. These findings contribute to the development of scholarship on contract and labor law and provide employers, workers, and labor authorities with considerations for ensuring that amendments to agreements comply with legal provisions and resolving disputes through applicable mechanisms.