Implementation of Article 77 Paragraph (2) of Law Number 6 of 2023 on Job Creation in Regulating Working Hours at Café Panche Hub Palembang

Abstract

This study aims to analyze the implementation of Article 77 paragraph (2) of Law Number 6 of 2023 concerning Job Creation in the regulation of working hours at Café Panche Hub Palembang and identify factors that hinder its implementation. The research uses an empirical juridical method supported by a normative juridical approach. Primary data was obtained through interviews with the management and workers of Café Panche Hub Palembang, while secondary data was obtained through literature studies of laws and regulations, books, and scientific journals related to labor law. The data was analyzed qualitatively by comparing the applicable legal provisions with their implementation practices in the field. The results of the study show that normatively Café Panche Hub has implemented a work system based on the provisions of Article 77 paragraph (2) of Law Number 6 of 2023 through the division of work shifts. However, in practice, workers are still found who work beyond the normal working time limit, especially on weekends and holidays due to the increase in the number of customers. This condition results in overtime work which in some circumstances has not been accompanied by the provision of overtime wages in accordance with the provisions of laws and regulations. The main obstacles in the implementation of working time provisions include high operational burdens, limited number of workers, not optimal shift systems, inconsistent implementation of overtime compensation, and low legal understanding of rights and obligations in employment relations. Therefore, it is necessary to evaluate the work time management system, supervise the implementation of overtime work, and increase legal awareness so that the protection of workers' rights can be carried out optimally in accordance with the applicable legal provisions.