Tenaga Kerja Outsourcing Dalam Tinjauan Hukum Islam Dan Uu No 13 Tahun 2003 Tentang Ketenagakerjaan (original) (raw)
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Improving Outsourcing System in Indonesia: Fixing the Gap of Labour Regulation
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada
Outsourcing is always been one crucial issues in Indonesian labour law. Since this system legalized by Law Number 13 Year 2003 on Manpower, there has been a lot of resistance from workers and unions, because outsourcing system is considered detrimental to the position of workers. However, does abolishing outsourcing system the best solution? This research will trace the history of Indonesia's outsourcing system, the advantages and disadvantages of this system, and some possible ways to improve the system. By improving outsourcing system within the legal framework and its implementation, it is not impossible that this system will bring benefits to both workers and employers. Intisari Outsourcing atau alih daya merupakan salah satu permasalahan yang krusial dalam ranah hukum ketenagakerjaan di Indonesia. Sejak awal model hubungan kerja ini dilegalkan oleh Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan, muncul banyak perlawanan dan resistensi dari kalangan pekerja dan s...
Law and Human Right Protection of Outsourcing Labour Law Number 13 of 2003
Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019), 2020
In the Law No. 13 of 2003 concerning Manpower (Manpower Law), one of them regulating about outsourcing of labor. The transfer of labor is an option for the company to give a portion of its work implementation to other companies through a written contract of contracting workers or service providers. Furthermore, the provisions regarding outsourcing reap polemics for workers. Providing cheap wages, arbitrary termination of employment, and differences in social security for outsourced workers make workers far from prosperous. Issues regarding outsourcing regulated in the Manpower Act were finally subjected to a judicial review to the Constitutional Court (MK). The Constitutional Court in its decision No. 27 / PUU-IX / 2011 explains that the provisions regarding outsourcing are constitutional provisions, it's just that there needs to be a protection clause for outsourced workers by establishing an Indefinite Time Work Agreement (PKWTT) as the basis for conducting employment. With the issuance of the MK Decision, question arises whether this can guarantee the welfare for outsourcing workers. Through the normative juridical research method, founded that that the clause of the Indefinite Time Work Agreement (PKWTT) as a form of protection for outsourced workers does not have much impact on the welfare of the workers. Strengthening the rules regarding supervision and law enforcement by the government for companies that do not employ workers properly is a need that must be met immediately.
Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia, 2022
The presence of outsourced laborers in companies in Indonesia raises many problems, especially viewed from a legal point of view. Several protests demanding the fulfillment of the rights of outsourced labors can be used as initial evidence that Law Number 3 of 2003 concerning Labor has not been able to provide legal protection to the rights that outsourced laborers must obtain. This paper aims at finding out the implementation of the Labor Law on the legal protection to the rights of outsourced laborers employed in private companies in Medan. This study used a normative juridical method. The data were both primary and secondary data. The preliminary data were collected from the questionnaires and interviews, while the secondary data were obtained from legal documents, including Labor Law, outsourcing contracts, and journal articles. The participants were outsourced laborers and employers hiring outsourced laborers in their companies in Medan. The results of data analysis show that the rights of outsourced laborers employed in private companies in Medan are not well provided. There needs to be a law regulating strict legal protection on outsourced workers employed in companies in Medan.
2017
In the outsourcing system, it is certain that the working relationship between employer and worker is a working relationship with a particular Time Agreement. This status becomes a problem because there is no certainty about the continuity of the employment relationships and the non-fulfillment of the rights that workers should receive, thus this is harming the workers economically and socially. The regulation related to the outsourcing system that stated in the Law Number 13 of 2003 on Labor Law is also difficult to implement in a business world since the existing rules do not meet the needs of the labor market. Company does not make the flow of production activities so that it is unclear and no legal certainty about the nature and types of core business and non core business activities. In the implementation of job protection and work requirements for outsourced workers, the government should enhance its role in the supervision and enforcement of labor law through the quantity and...
https://www.ijrrjournal.com/IJRR\_Vol.9\_Issue.6\_June2022/IJRR-Abstract014.html, 2022
Law No.13 of 2003 on Employment is reaping problems. There has been much controversy and assessment that the outsourcing arrangements in the Labor Act constitute a violation of human rights and violate labor rights, much to the approson of those who disagree with the passage of this act. Because of this assessment the implication is that there are many rejections including through demonstrations and pressures especially from outsourced workers to remove the system of contract workers for a short period of time (outsourcing). And after going through the assessment, anilysis and discussion on Law No.13 of 2003 on Employment finally came to the conclusion that the articles governing outsourcing in Law No.13 of 2003 on Employment there was a misalignment both horizontally and vertically with Article 8, Article 11, Article 38 of Law No. 39 of 1999 on Human Rights and Article 7 of Law No. 11 of 2005 on Ratification of the International Covenant on Economic Rights, Social and Cultural. There must be special regulations or regulations that are more detailed, responsive and objective in outsourcing arrangements, so that later there must be understanding and understanding between the Government, Employers and Workers / Workers in terms of the establishment of regulations that specifically regulate socially equitable outsourcing for all Indonesian people.
Outsourcing in Positive Law and Practice in Indonesia
Case Studies in Business and Management, 2017
Outsourcing is a matter worded in the Labor Act and the latest issue in relation to Indonesia labor. It is ruled in terms of easing employers to manage the company in providing the labor service. The implementation is regulated strictly in Article 64-66 of the Act Number 13, 2003 regarding the labor. However, in the implementation level the violation is unavoidable causing the trouble. It happens as the outsourcing is defect both the legislation and implementation. Arrangement concerning of outsourcing in Law Number 13 Year 2003 concerning labor, at one side have opened opportunity of new companies appearance which active in service, and on the other side, have enabled companies which have stood to do efficiency through exploiting of service company of outsourcing to product selected service or products which do not in direct correlation to especial business of company. There is no definitive measure him to determine especial as profession and not especial become the reason of justi...
Human Resource Management: Labour Outsourcing from Malaysian Law Perspective
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Business entrepreneurship and outsourcing are two activities which are interlinked to each other. Outsourcing of labour is not an alien term in the business arena. Outsourcing of labour encompasses a fusion of legal and economic issues. The legal rights of the employee and the economic benefits of the employer are often contradictory. Thus the function of labour law is to strike a balance between them to ensure a win-win situation. On one hand, an employer has the right to organise his business in a way to obtain maximum profit and on the other hand, employees have to ensure that their basic rights are protected under employment law. This article which adopts the legal analysis methodology (qualitative) is discussed from Malaysian legal perspective. In the Malaysian context, the Malaysian parliament has amended the Employment Act 1955 and a new section 33A has been incorporated into the amendment Act 2011 to protect workers employed under a contract for labour.
Migrant Labour and Issues on Outsourcing System in Malaysia
SHS Web of Conferences, 2015
and Vietnam. The fundamental concern is on migrant labours status because they remain the employees of those outsourcing companies and not the factories where they work. This is because work contract are made between the out sourcing companies and the factories owners (the employers) and not between the employees and the employers. This leaves great consequences on the employees. Legally, in labour relations, the lack on privity of contract between the employee and employer raise the question of legal responsibility and liability between the contracting parties. This paper will deal further on the receiving government policy, law and practice as well as the responsibility and liability of the outsourcing companies towards the migrant labours and the employers.
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The form of deviation in the application of outsourcing policy and the system of work agreement for a certain time include: (1) the company has not classified the core and noncore business; (2) outsourcing workers and contract workers are not included in the worker's social security program, (3) outsourcing workers have no job security, career guarantees, and continuity of work; and (4) the tendency of job hire companies and employment service providers to pay wages lower than the regency minimum wage. Irregularities in the implementation of outsourcing policies led to conflicts of interest, disharmonious organizational communication, and mistrust of workers towards management. This problem triggerred demonstrations and strikes by workers and trade unions. On the other hand, supervision and guidance from the local manpower office had not been effective. Therefore, the role and existence of trade unions were necessary to fight for workers 'rights and legal certainty to protec...
Labour Response to Outsourcing Policy, Research in Industrial Intensive Area-Indonesia
Journal of Social and Political Sciences
This paper describes the responses of manufacturing industry labours toward outsourcing policy in Indonesia. Written based on a research done in Karawang which is the most-dense industrial region in Indonesia. The research has successfully identified a number of violations conducted by businessman against outsourcing policy, and this research has also explored the responses of sustainable workers. An effort has been made by the government under the leadership of Susilo Bambang Yudhoyono system in the form of Ministerial Regulation of the Ministry of Labour Number 19 of 2012 which aims to eliminate ill practices of outsourcing employment. The regulation limits the types of jobs in which the outsourcing system can be administered. This regulation has somehow decreased the anxiety among labours. However, labour organizations still demand the ban of outsourcing system. They keep doing protests and demands to both regional and national government to eliminate the outsourcing system in various moments such as May Day. The major trigger of this problem is the different comprehension of the outsourcing system which leads to labour discrimination. Businessmen perceive outsourcing system as an applicable system to apply in all types of job, leading to discrimination toward outsourcing labours in terms of wage difference, fear to make the association, and work termination threat. The weak supervisory of government apparatus and the needs for local politicians to obtain fund from businessmen has caused the protection over labours less optimum. Moreover, the fragmentation inside labour organizations also made them unable to fight for this issue, and this condition has been utilized by businessmen to spay labour movements.