Yuliana, Bunga
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The Legal Status of Outsourced Workers under Indonesian Positive Law Yuliana, Bunga; Emirzon, Joni; Flambonita, Suci
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.438

Abstract

This study is prompted by the increasing flexibility of outsourcing arrangements in Indonesian labor law following the enactment of Law Number 6 of 2023 on the Stipulation of the Job Creation Government Regulation in Lieu of Law (Perppu), which has not been accompanied by adequate legal protection for workers. It aims to examine the legal status of outsourcing, its regulatory implications, judicial practices in worker protection, and relevant international comparisons, as well as to formulate an ideal model of protection. The study employs a normative legal research method using statutory, conceptual, and comparative approaches. The findings indicate that worker protection remains insufficient, despite the emergence of progressive approaches within the judiciary. Comparative analysis underscores the importance of the principles of equality and shared responsibility. The study concludes that policy reformulation grounded in joint liability and comprehensive protection is necessary to achieve a fair and sustainable labor system.