Legal Certainty on the Form of Outsourching Work Agreements Based on the Regulation of the Minister of Manpower and Transmigration Number 19 of 2012 concerning Conditions for Submission of Part of the Implementation of Work to Other Companies

Authors

  • Ghina Rahmania Universitas Singaperbangsa
  • Imam Budi Santoso Universitas Singaperbangsa
  • Holyness N. Singadimedja Universitas Singaperbangsa

Keywords:

Implementation, Legal Protection, Settlement

Abstract

The falling economic condition has forced the government and business to be more creative in creating business climate, government has created the legal instruments for the development of the investment through business activities. On the other hand, business actors try to catch every single business opportunity available, for example to make efficiency to cut the operational expenses. Outsourcing system becomes the trend used by several companies. Many big companies hire their workers through this system. The problems occurred were the employment of the Regulation of Ministry of Labor and Transmigration No. 19 of 2012 concerning Terms on Distribution of Work Partly to Other Corporation; the legal protection for the oursourcing worker under the Law No. 13 of 2003 concerning Labor jo Regulation of Ministry of Labor and Transmigration No. 19 of 2012 concerning Terms on Distribution of Work Partly to Other Corporation; the settlement to be taken by the government to protect the outsourcing workers. The method of research used in this was descriptive analytical specification in which the researcher described or illustrated a case that was analyzed with the laws using  juridical normative method of approach. Stages of research used included library and field research. Data collecting technique was throudocument study and field study in the form of interview. The findings of the research concluded that both has violated Article 17 section (3) of the Regulation of Ministry of Labor and Transmigration No. 19 of 2012 in which both corporations did not place the outsourcing workers in supporting job, instead, they were posted for main job. The protection given by in general was similar namely health insurance, holiday allowance, overtime incentives. While at the other company, they gave one more incentives that was end of contract pension. The judgment of Constitutional Court No. 27/PUU-IX/2011 deciding in favour of the interest of the workers, ordered that every outsourcing worker should have their rights equal to the rights of the non-outsourcing workers. In addition, outsourcing company should count the working time into the guidance to determine the wages and other rights at the outsourcing companies including the transferof from the company receiving other works.

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References

Achmad, W. (2021). Citizen and Netizen Society: The Meaning of Social Change From a Technology Point of View. Jurnal Mantik, 5(3), 1564-1570.

Anwar C, Teori dan Hukum Konstitusi, Rajawali, Malang, 2008

Erna Widjajati, Anwar budiman, Hukum Ketenagakerjaan, Bidik Phronesis publishing, Jakarta, 2019

Jimly Asshiddiqie, Konstitusi dan Konstitusionalisme Indonesia, Sinar Grafika, Jakarta, 2010

Lalu Husni, Pengantar Hukum Ketengakerjaan Indonesia (edisi revisi), PT Raja Grafindo, Jakarta 2003

Peraturan Menteri Tenaga Kerja dan Transmigrasi Nomor 19 Tahun 2012 tentang Syarat-syarat Penyerahan Sebagian Pelaksanaan Pekerjaan Kepada Perusahaan Lain

Putusan Mahkamah Konstitusi Nomor 27/PUU-IX/2011 tanggal 17 Januari Tahun 2012 tentang Outsourcing

Sahnan, Indonesian Agrarian Law, Setara Press, Malang, 2016.

Sitorus, Oloan, Agrarian Law in Indonesia Basic Concepts and Implementation, Partners Indonesian Land Policy, 2006

Soerodjo, Irawan, Land Law Rights Management of Land (HPL) Existence, Regulation and Practice, Laksbang Mediatama, Yogyakarta, 2014. Constitution of the Republic of Indonesia (UUD 1945)

Undang-undang Dasar Negara Republik Indonesia 1945

Undang-undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan

Undang-undang Nomor 24 Tahun 2011 tentang Badan Penyelenggara Jaminan Sosial

Zainal Asikin, et.all, Dasar-dasar Hukum Perburuhan, Rajawali Pers, Jakarta, 2006

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Published

2022-03-23

How to Cite

Rahmania, G., Santoso, I. B. . ., & Singadimedja, H. N. . . (2022). Legal Certainty on the Form of Outsourching Work Agreements Based on the Regulation of the Minister of Manpower and Transmigration Number 19 of 2012 concerning Conditions for Submission of Part of the Implementation of Work to Other Companies. LEGAL BRIEF, 11(2), 641–651. Retrieved from https://legal.isha.or.id/index.php/legal/article/view/180

Issue

Section

National and International Criminal Law