REALIZING LEGAL PROTECTION FOR OUTSOURCING WORKERS THROUGH EMPLOYMENT SETTING SYNCHRONIZATION
Abstract: Debating on the
outsourcing existence in Law No.13 of 2003 regarding to Labor, is still
continuing even though there has been a decision of Indonesia Constitutional
Court (MK) who stated the rules that the content of Article 65 paragraph (7)
and Article 66 paragraph (2) has been outlawed. The problems of this research
are: How is the outsourcing concept of regulating in the labor law and the
regulation of the labor minister No. 19 of 2012; and What effort to keep the
outsourcing arrangement can provide legal protection for workers? This research
use juridical normative method. The research finds that some of the concept is
in contradiction with the 1945 constitution and another Law which is related to
the protection of labor, and even with the other articles that exists in the
Labor Law itself so thats the norm contains
contradictio adconceptio. Therefore,
the system of
outsourcing that will
be regulated should consider the principles of goof outsourcing
governance. They are: legal protection, non-discrimination, worker as the
subject not as an object, benefit and welfare, sustainable working relation,
and the shifting of protection to the labor.
Author: Khairani
Journal Code: jphukumgg150058
