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All Journal Lentera Hukum Journal of Indonesian Legal Studies
Dananjaya, I Komang
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Law, Crime, Criminology & Criminal Justice

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Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency? Palguna, I Dewa Gede; Nurjanah, Ita; Padmawati, Ni Komang Tari; Dananjaya, I Komang; Halmadiningrat, I Made
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.66507

Abstract

This article explores the Indonesian Constitutional Court’s views through its decisions in shaping the practice of outsourcing in Indonesia based on the 1945 Constitution. The study was first conducted by analyzing Decision No. 012/PUU-I/2003 and later Decision No. 27/PUU-IX/2011. The novelty of this research is evident from the involvement of perspective in analyzing the outsourcing scheme in Indonesia as newly regulated in several laws, namely Job Creation Law and the Government Regulation in lieu of Job Creation Law. Using the normative legal research method, the authors used statutory, case, and conceptual approaches. Based on the research conducted, the authors found that the Constitutional Court aims to uphold the balance of companies’ efficiency and outsourced workers’ rights protection. The findings are evidenced by the Constitutional Court’s stance in a decision that implies that outsourcing is constitutional to enhance the State’s economy while simultaneously protecting the outsourced workers’ rights to ensure the fulfillment of their constitutional rights by setting two-fold models of protection. Therefore, even if new outsourcing scheme regulations are issued, the criterion of legality in future judicial reviews must involve determining whether such balance has been sufficiently met.
The Indonesian Outsourcing Workers' Rights in the Tourism Business Sector Sudiarawan, Kadek Agus; Dharmawan, Ni Ketut Supasti; Karunian, Alia Yofira; Dananjaya, I Komang; Lokahita, Kadek Indira
Lentera Hukum Vol 10 No 3 (2023)
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v10i3.43325

Abstract

The problem of outsourcing workers extends to the tourism industry. The unique challenge of 'seasonality' makes it more difficult to protect the outsourcing workers' legal rights in the said sector. The research examines the outsourcing regulation in Indonesia by referring to the Job Creation Law, by questioning whether the existing regulations provide prominent legal protection for outsourcing workers, especially in tourism sectors, and how the future law allows for improved protection. The research method used is normative legal research with statutory and legal conceptual approaches. The results of the study show that the amendment of the Manpower Law incorporated into the Job Creation Law and its implementing legal instruments significantly changed outsourcing regulation. As the Job Creation Law has abolished Article 64 of the Manpower Law, the scheme established by the Constitutional Court to prevent companies from exploiting workers in their decisions has become vague in the Job Creation Law. Following global practices, the country can implement a flexible workers policy while simultaneously protecting their rights which Indonesia must adopt.Keywords: Outsourcing, Rights Protection, Tourism Business.
Co-Authors Halmadiningrat, I Made I Dewa Gede Palguna Kadek Agus Sudiarawan Karunian, Alia Yofira Lokahita, Kadek Indira Ni Ketut Supasti Dharmawan Nurjanah, Ita Padmawati, Ni Komang Tari