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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Sukhebi Mofea
Universitas Islam Syekh Yusuf Tangerang
Law, Crime, Criminology & Criminal Justice

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Legal Security and Legal Protection Of Outsourcing Employees Based On Indonesian Labor Law Sukhebi Mofea
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4971

Abstract

Outsourcing practices are a serious concern in discussions of employment in Indonesia because almost all companies rely on outsourced labor to maintain their competitiveness in a rapidly changing global economy. This research method uses normative legal research using a literature study approach to analyze the data used in this article. The aim of the research in this article is to examine the regulation and implementation of outsourcing from a labor law perspective, as well as to examine legal certainty and protection for the implementation of labor using an outsourcing system in companies. The results and discussion in this article are that in the field of employment law, outsourcing can be implicitly found in the provisions of Law Number. 13 of 2003 concerning Employment. One form of legal protection and certainty, especially for workers, is through the implementation of work agreements. An employment agreement is an agreement made between the employer and recipient of employment and is the starting point for an employment relationship, which contains employment conditions that refer to Law Number 13 of 2003 on Employment.Keywords:Legal certainty; Legal Protection; Outsourcing Labor; Employment Law
Practice of Diploma Retention in Industrial Relations: Analysis from the Perspective of Labor Law Sukhebi Mofea
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6322

Abstract

The practice of withholding diplomas by companies in industrial relations in Indonesia is still often found even though it has no legal basis. This withholding of diplomas is generally carried out on the grounds of ensuring the continuity of the employment contract and preventing workers from resigning before the end of the employment period. However, this action is contrary to the basic principles of Indonesian labor law which prioritize freedom of contract, protection of workers' rights, and the right to private property. This study aims to analyze the practice of withholding diplomas in industrial relations and its compliance with the provisions of labor law in Indonesia. The research method used is normative juridical with a statutory approach and a case approach. The results of the study indicate that the practice of withholding diplomas is not in accordance with the provisions applicable in Indonesian labor law, including Law Number 13 of 2003 concerning Manpower and Law Number 39 of 1999 concerning Human Rights. This practice also has the potential to violate human rights guaranteed by the constitution. Workers who experience diploma withholding have several legal remedies that can be taken, such as complaints to the Manpower Office, settlement of industrial relations disputes, and civil lawsuits. This study recommends that the government, companies, and workers improve their understanding and supervision of workers' rights to create fair and just industrial relations.
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