Reformulation of Work Relationships on the Outsourcing System in Indonesian Order to Protecting the Rights of Workers

Abstract

The research entitled Reformulation of Work Relationship Norms in the Outsourcing System in Indonesia in the Framework of Protecting Workers' Rights was carried out based on normative legal research methods. Based on the analysis and study, it is found that in the Manpower Law, there are 2 (two) types of work agreements that are applied in the outsourcing system, namely a work agreement for an unspecified time (PKWTT) and a certain time work agreement (PKWT).  In each outsourcing company, it is regulated with the option that the work relationship at the company receiving the contract, the option is PKWTT, but it can be agreed upon through PKWT if it meets the requirements of Article 59 (Law No.13 / 2003). Whereas the work relationship option for a company providing worker / labor services is basically PKWT if it meets the requirements referred to in Article 59 (Law No.13 / 2003), but if it does not meet the requirements of Article 59, the working relationship must be PKWTT as long as it is made in writing and signed handle the parties. However, it turns out that Article 59 of the Law No. 13 / 2003 not only regulates the terms of PKWT, but also regulates 2 (two) possible choices of types of work agreements for a job, namely: first, Article 59 paragraph (1) of Law of the Republic of Indonesia. No. 13 of 2003 concerning work relations through PKWT, and second, Article 59 paragraph (2) of Law of the Republic of Indonesia. No. 13 of 2003, regarding employment relations through PKWTT. In relation to the working relationship of the contracting recipient company, the Elucidation of Article 59 paragraph (2) states that part of the production process cannot be agreed upon through PKWT. Meanwhile, in the outsourced work contracting agreement, the option is a work relationship through PKWT or PKWTT. Thus there is a conflict of norms, between the norms of work relations in the outsourcing system required by the employer (user), and the norms that are applied to the outsourcing company. However, outsourcing companies continue to implement a working relationship through non-permanent contracts. As a result, there are at least 15 (fifteen) basic rights, including the constitutional rights of outsourced workers / laborers that are lost or cannot be realized. For this reason, presumably the laws and regulations regarding labor made during the Dutch East Indies government (in Indonesia) are more structured in accordance with the hierarchy of laws and regulations and are harmonious both vertically and horizontally and are coherently intertwined with one another. There is no sectoral ego and no interest from certain parties, so that it can last for decades or even more than one hundred years until now. Even though during the Dutch colonial period, the political law that was enforced was how to regulate the colony so that the monopoly on natural resources could be controlled. In this regard, it is suggested that in the formulation of laws and regulations it can be guided by the laws and regulations at that time which are completely clean from the secular ego without any interest from certain parties. The norms of working relations in the outsourcing system in Indonesian legislation are not harmonious and coherent. Between one another there is a discrepancy and conflict of norms. Therefore, it is necessary to reformulate (rearrange) so that each content of legislation is coherent (interlinked with one another) and reflects the principle of legal certainty, harmony and harmony, so that it can provide protection (protection) to all parties in an equitable manner.

Keywords: Reformulation; Work relationship; Transfer System; Legal Protection

DOI: 10.7176/JLPG/103-10

Publication date: November 30^th 2020