Social Science Academic
Vol. 4 No. 2 (2026)

Perlindungan Pekerja dalam Kemitraan Semu: Analisis Putusan Nomor 191/Pdt.Sus-PHI/2023/PN Jkt.Pst

Andi Harsayudi (Universitas Mpu Tantular
Indonesia)

FX Suyud Margono (Universitas Mpu Tantular Jakarta, Indonesia)
Bahori Ahoen (Universitas Mpu Tantular Jakarta, Indonesia)



Article Info

Publish Date
06 Aug 2026

Abstract

The rapid evolution of modern business models has led to the widespread adoption of partnership schemes, which frequently obscure genuine employment relationships (disguised employment relationships). This study aims to analyze in depth the legal implications of establishing employment status on the fulfillment of workers' normative rights and to evaluate the judges' legal reasoning (ratio decidendi) in the Industrial Relations Court Decision at the Central Jakarta District Court Number 191/Pdt.Sus-PHI/2023/PN Jkt.Pst. Utilizing normative legal research with statutory, conceptual, and case approaches, this study examines the fulfillment of employment elements under Law No. 13 of 2003 jo. Law No. 6 of 2023, comparing them with Supreme Court jurisprudence and accredited scientific literature. The findings reveal that the determination of employment status serves as a constitutive entry point for enforcing normative rights, social security guarantees, and protection against unilateral termination. Furthermore, the judge's ratio decidendi aligns with Gustav Radbruch's Formula by prioritizing the substance over form doctrine, the Control Test, and the Economic Dependency Test. Operational control, trip-based wage compensation, and economic dependency supersede formal partnership labels, thereby securing substantive justice, fair legal certainty, and social utility in industrial relations.

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Journal Info

Abbrev

ssa

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

This journal is published by Institut Agama Islam Sunan Giri Ponorogo and managet by LPPM INSURI Ponorogo twice a year (June an December). The presence of the journal accommodates scientific writings from the academic community, researchers, students, and practices in social and Humanities that have ...