RECONSTRUCTION OF THE PROVISIONS OUTSOURCING

Andri, Muhammad (2018) RECONSTRUCTION OF THE PROVISIONS OUTSOURCING. The 4 rd International Conference and Call for Paper Faculty of Law 2018, - (-): -. -. ISSN 1907-3119

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Abstract

U.s. outsourcing arrangement does not formally exist in Law 13/2003 on employment, the
interpretation of the provisions of Article 64-66 jo. Article 59 of Law 13/2003, jo. Decision of
the Constitutional Court No. Jo. 27/PUU-IX/2011 has become a "social conflict." Hence
devising a regulatory mechanism for the practice of outsourcing is urgent to resolve the
current labor problems in Indonesia. Using normative legal research methods, this paper finds
that the absence of a precise definition of outsourcing leads to two different formulations of
the notion contrary to the elements of a work contract. Article 1 of Law No. 15 defines a
typical work relationship as a relationship between employers and workers/laborers under a
labor agreement that complies with the cumulative elements of work, wage and order.
Inconsistency between this definition and the legal effects of outsourcing impacts the already
weak position of workers, which may be argued to be a modern form of slavery, in the
outsourcing relationship. This paper recommends that reforms in outsourcing should address
ambiguities in the identification of legal persons and the formulation of their rights and
obligations in order to clarify the who shall be legally responsible for the protection and
implementation of workers ' rights in an outsourcing arrangement.
Keywords : legal protection, outsourcing

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Author > MUHAMMAD ANDRI
Depositing User: undar undar undar
Date Deposited: 10 Oct 2020 05:22
Last Modified: 10 Oct 2020 05:22
URI: http://repository.undar.ac.id/id/eprint/121

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