Legal Protection Of The Employment Relationship Created By The Company Employers With Outsourcing Companies (Outsourcing) According To Government Regulation In Lieu Of Law Number 2 Of 2022 About Job Creation In Medan City
DOI:
https://doi.org/10.46576/lpj.v3i1.5128Keywords:
Rights And Obligations, Labor, Outsourcing.Abstract
The problem raised in this paper is how the working relationship is made with the form of outsourcing (outsourcing) according to Perppu No. 2 of 2022 on job creation in Medan City, rights and obligations of outsourcing companies based on Perppu No. 2 of 2022 concerning job creation in Medan City, supervision by the Manpower office and sanctions for outsourcing companies that do not implement statutory provisions against workers. The method used in the discussion of the formulation of the problem is normative and empirical juridical law research by examining and analyzing using primary data and secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The working relationship between the outsourcing company and the workers/laborers employed is based on PKWT or PKWTT. This means that outsourced workers are linked to employment agreements made with employers based on provisions regarding PKWT or PKWTT. Rights and obligations describe a legal relationship between workers and the company, where both parties are equally bound by a mutually agreed labor agreement. Supervision of the implementation of this regulation is carried out by the Labor Inspectorate known as the Department of Labor. In addition, the Manpower office can also impose administrative sanctions for violations committed by outsourcing companies.
References
Ahmad Ibrahim Abu Sinn, Manajemen Syariah Sebuah Kajian Historis dan Kontemporer, Jakarta: Raja Grafinfo Persada, 2008.
Akhmad Solihin , Politik Hukum Kelautan dan Perikanan, Nuansa Aulia, Bandung, 2010.
Alamsyah, Bobby Bella. Upaya Pemerintah Indonesia Dalam Menanggulangi Illegal Fishing Di Kepulauan Riau 2010-2015. Universitas Mulawarman : Samarinda.2017.
Ariman Sitompul . Alternative Dispute Resolution Criminal Acts Of Money Politics In Elections In View Of Normative Law. International Asia Of Law and Money Laundering (IAML), 2(1), 1–9. 2023 https://doi.org/10.59712/iaml.v2i1.52
B. Siswanto Sastrohadiwiryo, Manajemen Tenaga Kerja Indonesia, Jakarta, Bumi Aksara, 2015.
Chatryen M. Dju Bire, “Perlindungan Hukum Terhadap Pekerja Outsourcing Atas Kesehatan dan Keselamatan Kerja (K3), Jurnal Hukum Bisnis Bonum Commune”, (Volume I, Nomor 1 Agustus 2018).
CNN Inonesia, “Perpu Cipta Kerja Mengatur Outsourcing”, diakses dari https://www.cnbcindonesia.com/news/20230102103021-4-402004/perpu-cipta-kerja-atur-lagi-soal-outsourcing-begini-isinya, pada tanggl 29 Januari 2023, pukul 13:00 Wib.
Hasil wawancara dengan ibu Reswana, Staff HR PT. Ayu Bumi Sjati, pada tanggal 7 Februari 2023, pukul 09:00 Wib.
Hasil wawancara dengan ibu Zairiana, Direktur PT. Mitra Wijaya Sentosa, pada tanggal 7 Februari 2023, pukul 14:00 Wib.
Khairani, Kepastian Hukum Hak Pekerja Outsourcing, Jakrat: Raja Grafindo Persada, 2016.
Moch. Nurachmad, Tanya Jawab Seputar Hak-Hak Tenaga Kerja (Outsourcing), Jakarta: Visimedia, 2009.
Sigit Riyanto, dkk, “Kertas Kebijakan Catatan Kritis dan Rekomendasi terhadap RUU Cipta Kerja”, (Yogyakarta: FakultasHukum Universitas Gadjah Mada, 2020).
Sudikno Mertokusumo, Teori Hukum, Yogyakarta: Cahaya Atma Pustaka, 2012.
Wiwin Budi Pratiwi dan Devi Andani, “Perlindungan Hukum Tenaga Kerja Dengan Sistem Outsourcing Di Indonesia”, (Received: 2 Desember 2020; Accepted: 9 Juni 2022; Published: 2 September 2022 DOI: 10.20885/iustum.vol29.iss3.art).
Wiwin Budi Pratiwi dan Devi Andani, Perlindungan Hukum Tenaga Kerja Dengan Sistem Oursourching di Indonesia, Yogyakarta: Universitas Janabadra, 2022.
Downloads
Additional Files
Published
Issue
Section
License
By submitting the article/manuscript of the article, the author(s) agree with this policy. No specific document sign-off is required.
1. License
The article will be governed by the Creative Commons Attribution license as currently displayed on Creative Commons Attribution 4.0 International License
2. Author(s)' Warranties
The author warrants that the article is original, written by stated author(s), has not been published before, contains no unlawful statements, does not infringe the rights of others, is subject to copyright that is vested exclusively in the author and free of any third party rights, and that any necessary written permissions to quote from other sources have been obtained by the author(s).
3. User Rights
The spirit of Legal Preneur (JLPR) is to disseminate articles published are as free as possible. Under the Creative Commons license, JLPR permits users to copy, distribute, display, and perform the work. Users will also need to attribute authors and JLPR on distributing works in the journal and other media of publications.
4. Rights of Authors
Authors retain all their rights to the published works, such as (but not limited to) the following rights;
- Copyright and other proprietary rights relating to the article, such as patent rights,
- The right to use the substance of the article in own future works, including lectures and books,
- The right to reproduce the article for own purposes,
- The right to self-archive the article,
- The right to enter into separate, additional contractual arrangements for the non-exclusive distribution of the article's published version (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
5. Co-Authorship
If the article was jointly prepared by more than one author, any authors submitting the manuscript warrants that he/she has been authorized by all co-authors to be agreed on this copyright and license notice (agreement) on their behalf, and agrees to inform his/her co-authors of the terms of this policy. JLPR will not be held liable for anything that may arise due to the author(s) internal dispute. JLPR will only communicate with the corresponding author.
6. Royalties
Being an open accessed journal and disseminating articles for free under the Creative Commons license term mentioned, author(s) aware that JLPR entitles the author(s) to no royalties or other fees.
7. Miscellaneous
JLPR will publish the article (or have it published) in the journal if the article’s editorial process is successfully completed. JLJ's editors may modify the article to a style of punctuation, spelling, capitalization, referencing and usage that deems appropriate. The author acknowledges that the article may be published so that it will be publicly accessible and such access will be free of charge for the readers as mentioned in point 3.
