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All Journal Jurnal CENDIKIA ISNU ISNU Nine-Star Multidisciplinary Journal (INS9MJ) Jurnal Cendikia ISNU SU
Zayyan Tsabitah Panjaitan
Universitas Islam Negeri Sumatera Utara
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Problems of Legal Protection of Contract and Outsourcing Workers After Law Number 6 of 2023 concerning Job Creation Vania Andari Damanik; Zayyan Tsabitah Panjaitan; Layla Witra; Zulfikri
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.249

Abstract

The development of an increasingly flexible labor relations system through the implementation of Fixed-Time Work Agreements (PKWT) and outsourcing after the reform of Job Creation regulations has raised a debate about the effectiveness of legal protection for workers in Indonesia. On the one hand, the policy aims to increase investment competitiveness and business efficiency, but on the other hand, it raises problems related to job security, the fulfillment of normative rights, and the balance of industrial relations. This study aims to analyze the problems of legal protection for contract and outsourcing workers in the Indonesian labor system after the reform of Job Creation regulations. This research is a normative legal research using a legislative approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials that are analyzed qualitatively descriptively with a deductive conclusion method. The results of the study show that regulatory reform through Law Number 6 of 2023 provides wider flexibility on the use of PKWT and outsourcing, but has not been fully followed by the strengthening of legal protection mechanisms for workers. The elimination of restrictions on the types of work that can be outsourced, weak labor supervision, and unclear responsibilities in outsourcing employment relationships still have the potential to reduce legal certainty and the protection of workers' rights. The Constitutional Court Decision Number 27/PUU-IX/2011 remains the constitutional basis that the implementation of outsourcing must guarantee workers' rights. Therefore, the effectiveness of legal protection requires a balance between the flexibility of employment relationships, legal certainty, and the strengthening of law enforcement in the Indonesian labor system.
Problems of Legal Protection of Contract and Outsourcing Workers After Law Number 6 of 2023 concerning Job Creation Vania Andari Damanik; Zayyan Tsabitah Panjaitan; Layla Witra; Zulfikri
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.249

Abstract

The development of an increasingly flexible labor relations system through the implementation of Fixed-Time Work Agreements (PKWT) and outsourcing after the reform of Job Creation regulations has raised a debate about the effectiveness of legal protection for workers in Indonesia. On the one hand, the policy aims to increase investment competitiveness and business efficiency, but on the other hand, it raises problems related to job security, the fulfillment of normative rights, and the balance of industrial relations. This study aims to analyze the problems of legal protection for contract and outsourcing workers in the Indonesian labor system after the reform of Job Creation regulations. This research is a normative legal research using a legislative approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials that are analyzed qualitatively descriptively with a deductive conclusion method. The results of the study show that regulatory reform through Law Number 6 of 2023 provides wider flexibility on the use of PKWT and outsourcing, but has not been fully followed by the strengthening of legal protection mechanisms for workers. The elimination of restrictions on the types of work that can be outsourced, weak labor supervision, and unclear responsibilities in outsourcing employment relationships still have the potential to reduce legal certainty and the protection of workers' rights. The Constitutional Court Decision Number 27/PUU-IX/2011 remains the constitutional basis that the implementation of outsourcing must guarantee workers' rights. Therefore, the effectiveness of legal protection requires a balance between the flexibility of employment relationships, legal certainty, and the strengthening of law enforcement in the Indonesian labor system.
The Impact of the Covid-19 Pandemic on the Increase in Insurance Claims in Indonesia: An Empirical Study on BPJS Employment Rheny Windi Nabila; Zayyan Tsabitah Panjaitan; Fikri Maulana Matullesy; Aldris Mulya Putra; Manswab Mahsen Abdulrahman
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.927

Abstract

The Covid-19 pandemic has caused multidimensional pressure on the employment social security system in Indonesia, especially on the increase in claims for BPJS Employment benefits. The surge in Covid-19 cases has a direct impact on the increase in the number of layoffs, the decrease in worker income, and the increased risk of health and death. This condition encourages participants to disburse social security benefits to meet basic living needs. This study aims to analyze the impact of the Covid-19 pandemic on the increase in insurance claims at BPJS Ketenagakerjaan and its implications for the sustainability of social security fund management. The research method used is normative juridical with a legislative and conceptual approach, supported by secondary data in the form of official documents, annual reports, and scientific literature related to employment social security. The results of the study show that at the beginning of the pandemic, Old Age Security (JHT) and Pension Security (JP) claims experienced a significant increase due to mass layoffs. Furthermore, in 2021, claims for Death Insurance (JKM) and Work Accident Insurance (JKK) also increased in line with the high mortality rate and occupational risk. This study concludes that BPJS Ketenagakerjaan needs to strengthen the readiness of liquid funds and develop a digital service system to face similar crises in the future and ensure the sustainability of social protection for workers.
Co-Authors Adjie Umair Harvis Aldris Mulya Putra Bagus Herlambang Fikri Maulana Matullesy Ibnu Farhan Layla Witra Manswab Mahsen Abdulrahman Rheny windi Nabila Vania Andari Damanik Zulfikri