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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Dede Agus
Untirta
Law, Crime, Criminology & Criminal Justice

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LAW PROTECTION OF OUTSOURCING WORKERS IN EMPLOYMENT LAW POST THE JOB CREATION PERPU Dede Agus; Hilton Tarnama PM
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4568

Abstract

This research aims to describe how the law position of outsourced workers and the law protection of outsourced workers post the law No.2 of 2022 on Job Creation. The use of outsourcing workers has a strategic position for employers in the unconducive business. But not strategic position for law protection of workers, because the impact of outsourcing is very unlack to workers. Therefore, law protection is needed for outsourcing workers to realize social justice in the employment. This research method, normative juridical based on secondary data and descriptive analysis of qualitative. The results showed that the law position of outsourcing workers in agreement of work with the company contracting and  the outsourcing worker on the provision of worker services has a working relationship with the service provider company not to the user/employer. The law protection of outsourced workers post the law No.2 of 2022 on Job Creation has protected outsourcing workers. Because the  law No.2 of 2022 on Job Creation have two models agreement of work, such as: PKWTT or PKWT with TUPE
The Role of the Indonesian Government in the Legal Protection of Indonesian Migrant Workers Aceng Asnawi Rohani; Anne Gunawati; Dede Agus; Siti Romdanah; Aris Suhadi; Lili Suryanti; Mohammad Fasyehhudin; Beni Prawira Candra Jaya
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.v23i3.5058

Abstract

Legal protection of Indonesian Migrant Workers continues to be pursued, especially because of the many rights violations and inhumane treatment experienced by some Indonesian Migrant Workers. So that this phenomenon requires serious attention, both at the national and international levels. The purpose of this study is to examine and find out how the legal protection of the rights of Indonesian workers in national and international law and whether the role of the Indonesian government has been implemented in protecting the rights of Indonesian workers abroad. The research method used is normative juridical, with an approach that focuses on law as a system of norms.  This system of norms includes the principles, rules, and guidelines of the applicable law, including agreements and theories put forward by experts. This research highlights the government's efforts to build and implement a legal framework to support the rights of Indonesian Migrant Workers. However, there are still challenges that need to be addressed, such as improved monitoring and enforcement to ensure the policy is implemented effectively. This research provides greater insight into the dynamics of the Indonesian government's role in protecting workers' rights, with the aim of making this protection more effective and comprehensive.
THE FREEDOM OF CONTRACT PRINCIPLE IN CONTRACT OF EMPLOYMENT Dede Agus; Aceng Asnawi Rohani; Achmad Jaelani; Mentari Jasitisia; Beni Prawira Candra Jaya
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.v24i1.5976

Abstract

This study aims to examine the application of the principle of freedom of contract within employment contracts. The employment contract serves as the foundational agreement between an employee and an employer. As a type of contract, the employment contract inherently adheres to the principle of freedom of contract. This research employs a normative juridical method, utilizing secondary data and descriptive qualitative analysis. The findings indicate that while the principle of freedom of contract applies to employment contracts, its scope is limited by specific material and formal requirements outlined in Law No. 13 of 2003 concerning Manpower. The principle functions effectively when both parties possess equal bargaining power; however, when there is a disparity, such as the unequal socio-economic status between the employer and the employee, the principle’s application may be hindered, potentially disadvantaging the employee.
Co-Authors Aceng Asnawi Rohani Achmad Jaelani Anne Gunawati Aris Suhadi Beni Prawira Candra Jaya Hilton Tarnama PM Lili Suryanti Mentari Jasitisia Mohammad Fasyehhudin Siti Romdanah