Law and Human Right Protection of Outsourcing Labour Law Number 13 of 2003

Abstract

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.