PERLINDUNGAN HUKUM TERHADAP HAK PEKERJA OUTSOURCING BERDASARKAN PUTUSAN MK NOMOR 27/PUU-IX/2011
ABSTRAK: Climate of
increasingly tough competition makes the company seeks to improve efficiency of
production costs (cost of production). Workers with a system of outsourcing in
practice that outsourced workers are given only 1 hour resting of 12 hours of
work, especially security, and is not given for a period of vacation time that
has reached 1 (one) year or more. If the outsourced workers will ask leave of
absence, the submission will not be considered on leave but permission
kerja.Tujuan writing this essay, namely: First, to determine the legal reasoning
of the Constitutional Court decision No. 27 / PUU-IX / 2011 in the case of
petition for judicial review of Law No. 13 of 2003 on Employment of theConstitution
of 1945. Second, to determine the legal implications of the decision of the
Constitutional Court Number 27 / PUU-IX / 2011 on the legal protectionfor
outsourced workers in Law No. 13 Year 2003 on Manpower.This research is
descriptive analysis of legal research because of the resultsof this study are
expected to be obtained data describing thoroughly, clearly and systematically
on the Legal Protection Against Workers in Labor Agreement WithOutsourcing
System in Indonesia. Data source is the primary legal materials, secondary law,
and tertiary legal materials. Data collection for the study of normative law
used literature study method or documentary studies. Was analyzed qualitatively
analyzed the data by not using statistics or mathematics, or the like. From the
results of this study, there are two main things that can be inferredFirst,
through the decision of the Constitutional Court provides protection toworkers
/ labor outsourcing, in this decision reaffirms the rule against contract workers
or workers must follow existing regulations by adding a guaranteecontinuity of
workers in the contract. Decision of this Court is protective laborrights /
labor, then the government needs strict monitoring of the implementation of
outsourcing.
Penulis: DWI LIZA WATI
Kode Jurnal: jphukumdd151291
