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Journal : UNTAG Law Review

CONCEPT OF APPLICATION OF WORKERS 'CONSTITUTIONAL RIGHTS JUSTICE OUTSOURCING Mashari Mashari
UNTAG Law Review Vol 3, No 2 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (136.181 KB) | DOI: 10.36356/ulrev.v3i2.1380

Abstract

Indonesia as a state of law, which in the implementation of state power is carried outunder the rule of law. The logical consequence, the entire system of administration of stateadministration must be based on the constitution.1 Every implementation of state or government power is always built by and based on the principles and provisions of the constitution.The Indonesian Constitution states that the human rights of all citizens must not beviolated and must be fulfilled. The provisions of Article 1 paragraph (1) of Law Number 39 of1999 concerning Human Rights, which basically says that human rights are rights that areinherent and inherent in every person as God's creatures. As rights inherent in every humanperson, human rights are gifts that must be respected, upheld, guaranteed and protected by thestate, law and government, for the glory and protection of human dignity.
THE MODEL OF OUTSOURCING WORK RELATIONSHIP IN GLOBALIZATION ERA OF LABOR MARKET BASED ON PANCASILA Mashari Mashari
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (155.176 KB) | DOI: 10.36356/ulrev.v2i1.725

Abstract

The outsourcing relationship model in the globalization of the labor market based on Pancasila is still reaping controversy among workers and employers. The issue of outsourcing employment relationships in the globalization era of the labor market is a common need among workers, employers and governments. In the implementation of this outsourced employment relationships lead to inconsistency in the element of the employment relationship itself, because workers get orders from employers, whereas employment agreements are made between workers and the Worker Service Company. This inconsistency leads to industrial disputes between outsourced workers and employers. The concept of outsourcing work relations in the era of labor market globalization is a product of liberalism adopted by the Indonesian people when entrepreneurs feel overwhelmed by high labor costs and obliges to provide severance pay, rewards of employment and compensation as regulated in Law Number 13 2003. The implementation of work relations between workers, employers and the government must be in accordance with the souls contained in the precepts of Pancasila, meaning that all forms of behavior of all subjects involved in the process must be based on the noble values of Pancasila as a whole. Outsourcing employment relationship model in the era of labor market globalization based on Pancasila has not run as expected, there are still many problems in the unfinished work of outsourcing industry. The outsourcing work relationship based on Pancasila should make employers and workers no longer across but have the same goal to achieve profit.