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Averin Dian Sidauruk
Universitas Satya Negara Indonesia

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Kedudukan Hukum Agen Perisai dan Wadah sebagai Keagenan Bertingkat dalam Hukum Ketenagakerjaan Averin Dian Sidauruk
Polyscopia Vol. 3 No. 3 (2026)
Publisher : Medan Resource Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57251/polyscopia.v3i3.2314

Abstract

This study analyzes the legal status of Perisai agents and Wadah entities within the multi-tiered agency arrangement implemented by BPJS Ketenagakerjaan under Indonesian labor law. The legal issue arises from the absence of a direct contractual relationship between BPJS Ketenagakerjaan and Perisai agents, as well as the potential indication of an employment relationship disguised as a partnership between Wadah and Perisai agents. This study employs normative juridical research using statutory, conceptual, and analytical approaches. The analysis indicates that Wadah serves as the institutional partner of BPJS Ketenagakerjaan, while Perisai agents operate as members of Wadah who perform field-level activities. Although the relationship between Wadah and Perisai agents is formally characterized as a partnership, several elements indicate characteristics of an employment relationship, particularly the existence of work, directions or performance targets in the form of key performance indicators (KPIs), and the provision of incentives. Such a legal construction creates uncertainty regarding the position and protection of Perisai agents under Indonesian labor law, including their access to certain statutory employment rights. The study concludes that the existing regulatory framework requires clearer legal boundaries between genuine partnership and employment relationships to prevent disguised employment practices and provide greater legal certainty and protection for parties involved in the Perisai agency scheme.