Legal Protection of Labour Outsourcing in Indonesia in the Perspective Human Rights

Abstract

Labour development as an integral part of national development based on Pancasila and the Constitution of the Republic of Indonesia Year 1945, held in the framework of the complete Indonesian human development and the development of Indonesian society. It is intended to enhance the dignity, dignity, and self-esteem Labour and to create a prosperous society, just, prosperous, and equitable, both materially and spiritually. Labour development should be arranged so that fulfilled the rights and fundamental protections for workers and workers / laborers and at the same time be able to create conducive conditions for the development of the business world. However, in practice more and more primary or principal work activity that not only support activities in companies that outsourced, of course, it is not in accordance with what is required by law - law. The main job should be done by permanent employees or contract employees but the reality is done by outsourced workers. In connection with the foregoing, the purpose of this study are: First, to review the implementation of outsourcing in the perspective of employment law in Indonesia; Second, to assess the implementation of Law No. 13 of 2003 on Labour in the practice of outsourcing in Indonesia; Third, to examine and analyze the role of the North Sulawesi government in providing legal protection for labor outsourcing. As the knife used in the research analysis of the Welfare State Theories, Concepts State of Law, Theory of Justice, Legal Protection Theory, Concept of Human Rights. The research method used is normative juridical (Legal Research). Juridical analysis method through deductive reasoning to analyze both the primary and secondary legal materials and attributed to the fact that relevant laws and is something that stems from the general to the specific.

Keywords: Protection, Law, Labor Contract.