Implementation Of Fixed-Term Employment Contract Regulations In Non-Profit Organizations Following The Job Creation Law: A Case Study Of The Sumatra Elephant Foundation (Yayasan Gajah Sumatera), Medan

Abstract

The reform of the Fixed-Term Employment Agreement (PKWT) regime following the enactment of the Job Creation Law has generated broad implications, including for the non-profit sector which remains largely neglected in labor law scholarship. This study seeks to examine the conformity of PKWT implementation at the Sumatra Elephant Foundation (YAGASU) in Medan with current labor regulations, to identify obstacles encountered during implementation, and to propose adaptive policy recommendations. Employing a normative-empirical approach and a qualitative case study method, data were gathered through participant observation during the author's internship at YAGASU in 2025, as well as internal and external document study. Thematic analysis revealed three principal findings. First, the practice of repeatedly extending PKWTs for inherently permanent positions is not fully aligned with Article 56 of Law No. 13/2003 in conjunction with PP No. 35/2021. Second, non-compliance also occurs in the obligations to register employment contracts and to provide compensation payments. Third, the main obstacles are structural (dependency on grant funding), institutional (absence of standardized HR procedures), and cognitive (low levels of legal literacy). The study also identifies a phenomenon of normative acquiescence among workers. This research contributes to filling the gap in the labor law literature on the non-profit sector by offering the concept of adaptive legal compliance and a set of recommendations that bridge organizational flexibility with the protection of workers' normative rights.